Justice and Security Emergency Bill adopted in the Senate
The bill proposed by Ministers Dekker (Legal Protection) and Grapperhaus (Justice and Security) and by State Secretary Broekers-Knol (Justice and Security), which contains new temporary facilities required as a result of the coronavirus crisis, was adopted by the Senate today. The bill will come into effect as soon as possible, most likely as early as this week.
The emergency legislation will cease to apply on 1 September 2020. As it cannot be excluded that temporary legislation will still be needed after this date, the bill includes a clause providing for an extension by two months at a time. Some items in the bill will take effect retroactively as of 16 March 2020.
The bill provides for the temporary adoption of electronic solutions by various parties that are bound under normal circumstances by physical consultation and decision-making procedures. These include listed companies and associations that are required to hold annual general meetings. On account of the coronavirus, meeting in person is undesirable.
Under the temporary legislation, the legal entities that make up a company's management structure may decide to hold a general meeting exclusively via livestream (audio or video). Alternatively, the management may decide to postpone the deadline for holding a general meeting or preparing the financial statements.
As for the judiciary, it will be able to make greater use of electronic means of communication. Video links are already in use for oral proceedings and may be applied more frequently in the future, for example so that lawyers or parties to the proceedings no longer need to appear in person, given that video call technology suffices.
This also applies to persons who, because of coronavirus restrictions, are currently unable to appear in person before a civil-law notary to sign documents such as a will. They may fulfil their obligations using audio-visual means of communication instead.
Furthermore, it will be possible to take saliva samples and mouth swabs in addition to or instead of blood samples from suspects if there is reason to believe that they carry a serious infectious disease, meaning that suspects will be able to be tested for the coronavirus.