Administrative Prohibition on undermining organizations is killed in the First Chamber

After seven years of preparation, the initiative law for an administrative prohibition on undermining organizations was killed on Tuesday. The law did not receive a majority in the Senate. The ‘no’ of the BBB, which, together with, among others, the PVV, GroenLinks-PvdA, D66 and SP, it was ‘no’. Only SGP, CDA, VVD and JA21 voted in favor.

The law, aimed at banning criminal motorcycle gangs and similar organizations, had to give the minister the authority to prohibit such organizations without the intervention of the court. The initiators – MPs Derk Boswijk (CDA), Diederik van Dijk (SGP) and Wendy van Eijk (VVD) – needed support from BBB to achieve a majority, but it was not forthcoming.

BBB senator Robert van Gasteren mentioned three objections in his voting statement. According to him, it was insufficiently demonstrated that the law is necessary in addition to existing judicial resources. He also thought it was problematic that an independent judge is sidelined: « That can lead to arbitrariness, political influence and pressure on the minister. »

In addition, he pointed to the ‘open standards’ in the law: no concrete criminal offenses are mentioned, but vague terms such as ‘disruption of society’ or ‘a culture of lawlessness’. According to Van Gasteren, it is unclear what exactly is included, so that the scope of the law is not sharply defined.

Freedom of the Association

Other voters also expressed concerns about the infringement of freedom of association and the risk of political abuse. PVV senator Ilse Ourzaan called the law « a paper reality » that would have little effect in practice. The prohibition would go directly into, but does not focus on individual members – a criminal judgment is required for that. In addition, she warned, members can easily switch to a new club.

D66 senator Boris Dittrich also voted against, despite the fact that his party member Groothuizen had previously submitted amendments to the proposal in the Lower House. According to him, the proposal has been outdated since the introduction of an accelerated judicial procedure in 2022. Similar arguments also quoted GroenLinks-PvdA and the ChristenUnie to withdraw their support. « A minister can forbid a club Pats Boem, » Dittrich said too. « That makes the decision too political. »

The ease with which is now said ‘the problem has been solved’, I am worried

On X, Dilan Yesilgöz, chairman of the VVD party leader in the Lower House, denounced the voting behavior of parties that were previously before the law. « The law is voted down by PvdA, PVV and BBB. Incomprehensible that you let this opportunity to make our country safer. »

Madeleine van Toorenburg, who also submitted the law as a member of the House of Representatives and is now in the Senate in 2018, called the result « very disappointing ». She warned of convenience: « During the preparation of the law, there was a concrete threat from motorcycle gangs – we were all under security. The ease with which it is now said: » The problem is solved, « I am worried. » According to Van Toorenburg, the rejection of the law « the organized crime today has a little winning ».

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