Council of State calls a halt to Dutch Ministry of Defence shooting ranges
image: Artem Kniaz via Unsplash
The debate on the closure of illegal Dutch MOD shooting ranges as a result of nitrogen legislation is complex and involves various legal aspects. Armin Cuyvers, Professor of European Law, discusses the issue on Dutch ‘BNR Nieuwsradio’.
Professor Cuyvers argues that the focus is currently on nitrogen emissions rather than national defence policy and the situation is being misrepresented as a result. ‘Internal offsetting is still possible,’ says Cuyvers. There’s a five-year transition phase, during which an application for permission must be made. The impact on nitrogen emissions will be looked at to assess whether internal offsetting, in the case of the shooting ranges, is still possible.
This is ‘unacceptable’ for State Secretary for Defence Gijs Tuinman who is considering bringing the case before the European Court. He argues that protecting the Netherlands from aggressors is a constitutional duty and restrictions due to nitrogen policy could cause the problems for our defence policy, BNR news reports.
Professor Cuyvers points to the continuing tension between European law, national law and the constitution. Since 1962, with a ruling of the European Court of Justice, European law takes precedence over national law, even when it comes to the constitutions of sovereign states in Europe. Cuyvers argues, however, that ‘exception clauses are possible and the European Court is willing to provide leeway, allowing national interests to still take precedence over European law’. He says that in the long term, changes to European law, in which emissions related to our defence will not count, could be an option.