Amsterdam’s most senior legal officials have warned that Dutch society is at risk of collapse if individuals do not take responsibility for safeguarding the legal system.

“The rule of law ultimately protects us from the law of the strongest—or the richest,” say chief public prosecutor René de Beukelaer,  Amsterdam bar association head Jacqueline Schaap, and court president Bart van Meegen in an opinion piece in Tuesday’s Telegraaf.

“The rule of law is under pressure. We do not usually seek publicity, but we now feel it is our duty to speak out together… Legal professionals are facing threats, and court rulings are being dismissed as ‘just another opinion’.”

The rule of law, they say, is nothing less than the backbone of society. “In a society governed by the rule of law, no one can be arbitrarily arrested, property is protected, privacy is valued, and people are free to think and speak as they wish—within the boundaries of the law and with respect for others. Rules apply to everyone, including the government.”

They also stressed the need to safeguard the balance between politicians, officials, and judges in a democracy, which, they said, is becoming increasingly disrupted. “Political criticism of court rulings erodes public trust in independent and impartial judges,” they said. “Cuts to legal aid and high court fees make it more difficult for many people, including small and medium-sized businesses, to access the courts.”

Far-right politicians in the Netherlands have frequently dismissed legal rulings as “biased” or the work of “D66 elites.”

Ordinary citizens, too, have a responsibility, the three officials said, referring to recent online attacks on a judge who overturned a government entry ban on three Islamic preachers. “Threatening a judge on social media for simply doing their job harms not only the individual and their family but also public trust in institutions,” they said.

“This affects everyone. When people stop feeling bound by the law, when laws apply to some but not others, it becomes impossible to maintain social order. In neighbouring countries, we see where this can lead: corruption, discrimination, and intimidation. The rule of law ultimately protects us from the law of the strongest—or the richest.”

Silencing the media

The article coincided with an editorial in the NRC warning that journalists, activists, human rights defenders, and whistleblowers who publicly expose wrongdoing are increasingly being hit with massive legal claims aimed at silencing them.

These lawsuits are known as SLAPPs—Strategic Lawsuits Against Public Participation—a phenomenon that originated in the United States but has now firmly taken root in Europe.

Although there have only been 12 such cases in the Netherlands so far, 1,049 have been filed in Europe since 2010. The European Union last year adopted a directive aimed at better protecting SLAPP targets, particularly because of the high costs involved.

EU protections

The key question now is whether these crucial protections will be effectively incorporated into Dutch law, the paper says. Campaign group Free Press Unlimited has noted that the Netherlands is hesitant on these measures, under the assumption that SLAPPs are not a significant issue in the country.

“However, just because the problem is not yet widespread does not mean it won’t escalate—especially given the increasing number of SLAPP cases across Europe,” the NRC said.

“It is therefore essential that the Dutch government heeds the warnings about the dangers of SLAPPs, particularly their chilling effect on free speech and independent journalism. Nothing less than press freedom and freedom of expression are at stake.”