Extending demonstration ban in Amsterdam is contentious, experts claim
Dutch activist Frank van der Linde has initiated summary proceedings against the extension of the emergency order following the recent disturbances in Amsterdam. Wim Voermans, Professor of Constitutional Law, comments on the case in Dutch newspaper ‘de Volkskrant’.
De Volkskrant reports that criticism from experts focuses on whether it is justified to maintain such a ban when an acute threat to justify such an intervention may no longer exist. Van der Linden claims the authorities in Amsterdam have provided no good justification as to why this ban is necessary and says it is a ‘draconian’ measure.
'The right to demonstrate is almost sacred'
Professor Voermans argues that in order to enforce the ban on demonstrations, the triangle of mayor, police and prosecutor must be able to prove that there is still an acute risk of escalation, and also that this risk cannot be reduced by police deployment. He believes that in this case, Van der Linden has a ‘better chance this time’.
‘The right to demonstrate is almost sacred’, argues Professor Voermans. It is a fundamental right protected by the Dutch Constitution and the European Convention on Human Rights. A mayor can only extend this right for a short period of time when there is ‘administrative force majeure’ that would prevent the municipality from being able to guarantee safety during a demonstration.
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