The Amsterdam judicial triangle warns that the rule of law is under pressure. In an opinion piece in De Telegraaf, they call for action to counter its erosion. According to the triangle, the balance between the legislative, executive, and judicial branches is increasingly disrupted, with serious consequences. They express concern about the growing criticism of the judiciary, threats against judges, and the increasing difficulty for citizens to access justice. Ferdinand Grapperhaus, Professor of Rule of Law, Society, and Legal Practice at Erasmus School of Law, spoke about this alarming situation on the radio program Nieuws en Co.
Grapperhaus supports the concerns of the judicial triangle and believes that politicians are not taking enough responsibility. In the radio interview, he welcomed the call for help from Amsterdam.
Lack of self-reflection
Grapperhaus criticizes the lack of self-reflection among politicians, particularly when judges overturn policy decisions. He refers to a recent case in which Ministers Faber and Van Weel attempted to deny entry to three hate preachers on the grounds of a perceived threat to public order. However, the court ruled that the government had insufficiently justified its decision, leading to threats against the judge from angry citizens. While the ministers maintained their stance, they condemned the threats. Grapperhaus believes that policymakers can reach solid decisions with proper justification and must also be willing to acknowledge when the court rightfully corrects them. “I miss self-reflection,” he says. “It means little to state that threats are unacceptable while refusing to admit you were wrong. That creates confusion, especially among young people. They start to wonder: What is this rule of law about, and what are these judges even about?” He argues that ministers and the government must acknowledge their mistakes. “They should have the courage to say out loud: We need to do our homework again because we clearly failed in our reasoning here.”
Respect the independent judiciary
According to Grapperhaus, the core issue is a lack of respect for the independent judiciary. He believes that politicians must accept the judgments of independent courts. Grapperhaus explains: “Politics – and we as citizens – must accept that independent judges assess whether something is lawful or not based on the law. That is not their opinion; it is a legal assessment and must be respected.”
Statements like those made by Geert Wilders, who claimed that the people at the Council of State - an institution that has existed for 500 years with a strict selection process - are “just unelected bureaucrats,” undermine the rule of law, according to Grapperhaus. “At a certain point, you must have the courage to say, in defence of the rule of law - which has been the backbone of our society for 450 years - that this goes too far. We must accept and respect it when independent expert institutions issue rulings that do not work in our favour.”
Involving young people in the rule of law
Both the judicial triangle and Grapperhaus see a crucial role for young people in protecting the rule of law. The judicial triangle advocates for a youth council to actively involve young people in the discussion. Additionally, Grapperhaus sees a role in awareness campaigns.
“I would suggest that instead of merely criticizing independent institutions like the Council of State or the judiciary, we invest in a campaign that provides people with short, weekly explanations about aspects of the rule of law. For example, addressing the question: Why do we have a rule of law? Young people need to understand this, as they are becoming increasingly confused.” During the COVID-19 pandemic, a TikTok campaign was used to inform young people. According to Grapperhaus, it was highly effective at the time.
Politics must take a stand
What if politicians continue to handle judicial rulings in this way? Grapperhaus is clear: “If this cabinet truly upholds the rule of law as its top priority, then they must slam their fists on the table in the Trêveszaal and say: this cannot continue. I expect Dick Schoof, a very balanced, meticulous, and legally-minded person, to speak out on this.”
The message from both the judicial triangle and Grapperhaus is clear: the rule of law is the backbone of society and must be protected. This requires not only politicians to take responsibility but also citizens - especially young people - to recognize the importance of an independent judiciary. The judicial triangle warns that if the backbone of the rule of law continues to weaken and the bones break, the body of our society will collapse.
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You can access the episode of the radio program Nieuws en Co via this link.
