Tilburg lawyers in demonstration law investigation team

Tilburg lawyers in demonstration law investigation team

The right to demonstrate is under attack. In particular, the four coalition parties want to put a stop to ‘disruptive actions’. But is that legally and politically feasible? In the meantime, Minister of Justice and Security David van Weel is calling in the help of legal experts, including from Tilburg University.

Beeld: Jack Tummers

Angry farmers with tractors, climate activists on the A12, or Palestine demonstrations on campus. Yesterday, the House of Representatives met to discuss criminalizing certain actions, including occupying highways.

Coalition parties PVV, VVD, NSC and BBB want to tackle ‘disruptive’ demonstrations. Right-wing parties are particularly bothered by the many actions of Extension Rebellion on the A12 in The Hague. They cost a lot of police deployment that has to come from elsewhere.

Resistance on the right

The anti-Israel protests on various campuses have also provoked a lot of resistance on the right, where the chagrin is especially great about the destruction in and around university buildings. Many activists wore face-covering clothing and offenders stayed out of the hands of the judiciary.

These are not protesters, but delinquents, the VVD said prior to the debate that took place yesterday in the House of Representatives. In the debate, the party made proposals that mayors and police should be given more opportunities to act against disruptive actions.

Sensitive

Convictions of activists who caused destruction often did not come, because judges do not want to get burned by curtailing the freedom of citizens. Restricting the right to demonstrate is politically sensitive and is legally difficult to change because the right is embedded in the Constitution and in European legislation.

At the end of last year, the Ministry of Justice and Security asked a team of specialists to investigate the legal feasibility of such a restriction of the right to demonstrate.

Tilburg lawyers

Joeri Bemelmans and Alice Dejean de la Bâtie of Tilburg Law School (TLS) are part of a research team that will be commissioned by the ministry to investigate demonstrations in which the boundaries of the law are deliberately exceeded and in which fundamental rights of third parties may be jeopardized, or that may cause international tension.

Does the Public Manifestations Act (Wom) offer sufficient opportunities for law enforcement officers to find the balance between the freedom to demonstrate and other rights, freedoms and interests, is the research question. The results will be presented later this year.

Advertentie.

Bekijk meer recent nieuws

Schrijf je in voor onze nieuwsbrief

Blijf op de hoogte. Meld je aan voor de nieuwsbrief van Univers.