Netherlands: New public order legislation for Euro Championships
01 March 2000
In April the Dutch parliament approved proposals for harsh new regulations on public order, which came into force on 3 May. The new legislation will see the modification of two existing laws and the introduction of a new Act in time for the European football Championships in June. During May the measures will be incorporated into "police city regulations" (APV) which, for Amsterdam in particular, are very restrictive and will give the mayor powers similar to those used at the Eurotop 1997, which were widely criticised. They will undermine individual responsibility for a criminal act to emphasise the collective responsibility of the group (see Statewatch vol 7 nos 3 & 6, vols 8 no 1).
The most significant change that will effect demonstrators and activists is in Article 141 which imposes a maximum penalty of four years imprisonment for disturbing public order. Where under previous legislation it had been necessary for the police to prove individual involvement in an act, under the proposed changes it is enough to be "in association with those who disturb the public order." This follows the policing of the Eurotop in June 1997. Then police used an inappropriate law on membership of a criminal organisation to keep demonstrators off the street.
The new legislation will give mayors' the power to hold demonstrators, football supporters or others for up to 12 hours under certain circumstances. It can be used when large groups of people do not keep within limits set by the mayor. For instance, when supporters visit another city for an away match the mayor will have the power to restrict their stay to specific locations. If the supporters do not adhere to these restrictions they will be liable to be detained. Another change that will effect demonstrators is the broadening of the powers of the examining judge to hold those accused of public violence for ten days without trial - which would be contrary to Article 5 of the European Convention on Human Rights.
There has been little opposition to the proposed legislation. With the European Championships approaching nearly all of the political parties are in favour of the changes. Newspapers and legal experts have not voiced criticism despite the fact that three years ago there was widespread criticism of the police, legal system and Amsterdam's mayor for going too far in arresting demonstrators at the Eurotop. There is also a suspicion that the Justice department is using the championship to obtain the stronger laws that it has always wanted.