Appeal court says curfew is justified, state can
refer to ‘extraordinary circumstances’
Corona Society
February 26, 2021
Appeal
court judges in The Hague said on Friday that the government had introduced the
curfew in mid January on valid legal grounds, tearing up last week’s lower
court verdict. The lower court had ruled that the curfew had been based on
legislation designed to cover emergencies such as a dyke breach, and said that
there was no question of similar urgency in the case of coronavirus. However,
the appeal court said that the current circumstances can be considered
‘extraordinary’ and this made the introduction of the curfew an option. ‘The
coronavirus pandemic is sufficient cause,’ the court said. ‘The court is also
of the opinion that introducing a curfew is proportional, given other measures
are not available,’ the judges said in their ruling. ‘The (temporary and
limited) infringement of various fundamental rights, such as the right to
freedom of movement, is therefore justified.’ Last week’s legal wrangling led
the government to bring in emergency legislation to anchor the curfew in law,
which has now been passed by both houses of parliament. Friday’s ruling means
that the 33,000 fines handed out to people for breaking the curfew, which runs
from 9pm to 4.30am, remain in place. Campaign group Viruswaarheid, which
brought the case against the curfew, said they will appeal to the Supreme Court
and, possibly, bring a new case against the new legislation.
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