State Commission on the Rule of Law presents advisory report
On 10 June 2024, the Dutch State Commission on the Rule of Law presented its advisory report to citizens and the three state powers. Fatma Çapkurt, a lecturer at the Department of Constitutional and Administrative Law is a member of this Commission.
The report focuses on the relationship between citizens and rule of law institutions. The State Commission’s investigation paid particular attention to the functioning of the separate legislative, executive and judicial powers and to their mutual interaction. Proper protection of individual citizens against government decisions and effective legal protection of citizens were key concerns.
In its advisory report, the State Commission finds that the promise of the rule of law is not being fulfilled for a significant group of citizens. This is the result of political decision-making or its failure to take place. Too often the rule of law does not guide the actions of politicians, administrators or public employees. Government has become too complicated and legal protection is falling short.
The Commission warns that the rule of law requires permanent maintenance. Particularly at this time and in the coming years, in addition to serious financial investments, decisive legal and political-administrative measures are needed to tackle the neglect of the rule of law for citizens in a vulnerable position. These measures must also fulfill the promise of the rule of law for them. To this end, the State Commission has put forward ten proposals – from the perspective of citizens – aimed at parliament, the government, the judiciary and public authorities that have contact with citizens.
Many of the State Commission's proposals require political commitment and cooperation over terms in office of the government. It is up to parliament and the government to set the pace for repairing the rule of law.