THE HAGUE – A new legal analysis is challenging the Dutch government’s approach to introducing constitutional review, arguing that the chosen legislative route may be flawed and unnecessary.
The reform would allow judges to test laws against fundamental rights, a major shift in the Dutch legal system. But experts say the government is using a heavier legislative procedure than required.
The analysis explains that constitutional provisions fall into different categories within the Kingdom, each with its own amendment procedure.
In this case, the relevant constitutional article is considered a national matter of the Netherlands, meaning it should follow a standard constitutional amendment process, with consultation at Kingdom level—but not a full Kingdom law procedure.
Critics warn that using the wrong procedure could create legal uncertainty and set an unwanted precedent for future reforms.