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The Cabinet of Ministers illegally assumed special powers, introducing a curfew for the first time since the Nazi occupation during World War II, ruled a judge at the District Court in The Hague.
The case was presented at the initiative of the group Viruswaarheid (Truth About the Virus), which led a series of protests against the country’s anti-COVID-19 measures.
“The curfew must be canceled immediately,” the court said.
“The curfew is an ambitious violation of the right to freedom of movement and privacy … This requires a very careful decision-making process,” the statement added.
The government can challenge such a decision, but the judge’s ruling cannot be frozen in any appeal, the ANP news agency quoted a court spokesperson as saying.
The curfew was introduced on January 23 and last week it was extended until March 2. Residents were prohibited from leaving the house from 9 pm until 4 pm 30 minutes.
After the measure went into effect, the country was in an uproar for three nights in a row, with police using water cannons and tear gas against protesters in cities like Amsterdam, Rotterdam and Eindhoven.
The government, which currently operates under a temporary cabinet regime, following early resignations following the resignation of ministers following the March 17 child benefits scandal, has so far not responded to the verdict.
“Illegal” decision
According to the court, “the introduction of the curfew did not give rise to the special urgency necessary” to impose restrictions through emergency laws to circumvent deliberations in the upper and lower houses of parliament.
The curfew should only be introduced in response to unexpected crises such as a dam collapse, the judge stressed.
According to the judge, the fact that the curfew was discussed before it was announced attests that the government had enough time to complete all the necessary paperwork.
“Therefore, the introduction of a curfew through this law is not legal,” the court said.
Before the announcement of the curfew, such a measure was approved by a majority of the members of the Dutch Parliament, but the Senate did not consider the initiative.
The Viruswaarheid group, formerly known as Viruswaanzin (Virus Madness), is organizing demonstrations against COVID-19 prevention measures. He also holds regular Q&A sessions via Zoom videoconferences posted on Facebook and YouTube.
The group was founded by dance teacher Willem Engel, who later became one of the most influential opponents of coronavirus opponents.
Engel has said on social media that a “dictatorship” has now been introduced in the Netherlands, without providing evidence that the recent riots were organized by an “intelligence agency” to allow the government to introduce troops.
It also spreads conspiracy theories that measures to combat COVID-19 are aimed at re-educating the Dutch population and creating a European superstate in a “culture war” that destroys social norms such as kissing on the cheek and shaking hands.
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