Source: European Parliament
Question for written answer E-000591/2025
to the Commission
Rule 144
Raquel García Hermida-Van Der Walle (Renew)
In the Netherlands, the government plays a relatively large role in the appointment of judges and potential political influence on the judiciary is not inconceivable: the Minister of Justice appoints the board members of the Council for the Judiciary, who in turn make recommendations for all directors of courts and tribunals by means of a graduated system. A motion passed in the House of Representatives in March 2024, calling on the government to make its role in the appointment procedure of members of the Council for the Judiciary ‘as small as possible’, has not yet been implemented by the government.[1] The Council for the Judiciary itself also wants to do away with the appointment role entrusted in the Minister of Justice, with a view to avoiding active political interference in judicial appointments in the future, as was previously the case in Poland and Hungary.[2] The Commission refers to this role of the Minister of Justice in the Rule of Law Report 2024, but does not go as far as including any specific recommendations in this regard.[3]
- 1.Is the Commission aware that the Dutch Government has so far taken no further action to reduce or eliminate the government’s role in appointing members of the Council for the Judiciary?
- 2.In the Commission’s view, which best practices should be followed when it comes to appointing judges?
- 3.Does the Commission intend to make any recommendations in this regard to the Dutch Government in the Rule of Law Report 2025?
Submitted: 10.2.2025
- [1] https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2024Z03627&did=2024D08501
- [2] https://fd.nl/samenleving/1542192/adviescollege-wil-af-van-rol-politiek-bij-benoemingen-in-de-rechtspraak
- [3] https://commission.europa.eu/document/download/3a411497-b5f1-4b49-8d6a-1a01220453c8_en?filename=44_1_58073_coun_chap_netherlands_en.pdf