A court in the Hague, Netherlands has ruled that the curfew currently imposed to curb the spread of Covid-19 must be lifted with immediate effect.
The petition was filed by the VirusWaarheid group (“Virus Truth”) praying that the order was unlawful and injurious to the freedoms of movement and privacy of the Nationals.
The curfew was implemented under the Extraordinary Powers of Civil Authority Act – an emergency law which allows the cabinet to introduce a new law in times of emergency without consulting the Senate (Eerste Kamer) or the House of Representatives (Tweede Kamer).
In his ruling, a judge in The Hague stated on Tuesday 16 that the coronavirus situation in the Netherlands does not constitute an emergency and that was therefore illegal.
He thus ruled that the curfew was a far-reaching violation of the right to freedom of movement and privacy and that “radical measures… must be based on good law.” Because the measure was discussed extensively before it was implemented, the court ruled that there was no question of “special urgency.”
At the time of the ruling, a number of people had already been reprimanded with fines for violating the curfew and the uncertainties loom over what impact the pronouncement could have in such situations.
Mr Grappwrhaus Fed, the Minister of Justice said he was still analysing the ruling before announcing any steps in response.
Wthether or not government appeals against the ruling, the lifting of the curfew will not be delayed according the court.
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