Legislation allowing the courts to ban a political party that poses an “actual and serious threat” to the democratic rule of law was put out to consultation this week by home affairs minister Hugo de Jonge. 

The new Political Parties Act will allow the Supreme Court to dissolve a political party if its objectives and activities compromise one or more of the fundamental principles of the democratic rule of law, including free elections, democratic decision-making, the separation of powers, and an independent and impartial judiciary.

Legislation on the issue was recommended by a state commission on the Dutch parliamentary system in 2018 but comes at a time of increasing concern about the funding and allegiance of fringe parties such as Forum voor Democratie.

Compliance will be monitored by a new political parties authority. The law will also require parties to provide greater insight into their finances, their internal organisation and how they advertise.

It will also continue the current ban on political funding from abroad and bring in rules for anonymous contributions. FvD has been under fire in recent weeks after claims it received money from Russia. The party has also refused disclose all its sources of cash.

In addition, the draft legislation sets aside €25 million in subsidies for local and regional political parties over three years to remove some of the disadvantage when it comes to funding compared with national parties.

“Some 36% of voters opted for a local party in the most recent local elections,” De Jonge said. “Subsidising them would allow them to perform their task better.” 

Once the Council of State has had its say on the draft bill, it will be put to the lower house of parliament for debate.