Strong rule of law for a safer society

One thing that the corona pandemic has clearly shown us is how dependent we are on one another for our safety and well-being. Major social issues can only be tackled by working together. And amidst all the uncertainty, governments, companies and citizens must be able to rely on properly functioning institutions of a state based on the rule of law. This is why we will continue investing further in a strong rule of law to keep society safe in 2021.

Fight against subversive crime

The broad offensive against organised, subversive crime can be further expanded with the help of structural funding. The aim is to counter drugs and other criminal industries and make society more resilient to the toxic effects of criminal money, threats, intimidation and targeted shootings. The government plans to make 141 million euros available for this effort in 2021. In the following years, this will amount to 150 million euros on a structural basis. The intention is to develop the Multidisciplinary Intervention Team (Multidisciplinair Interventie Team, MIT) into an independent team of hundreds of specialists in the fields of intelligence, surveillance, enforcement and investigation (including those with financial and digital expertise). Ultimately, it is about disrupting criminal business processes, rounding up criminal networks and seizing criminal assets; or in other words, dismantling the positions of power held by criminal leaders and their facilitators.

The structural funding will also be used to sustainably strengthen the system of surveillance, security and witness protection in the coming years. An important precondition for tackling subversive crime is that security and protection must be offered to witnesses and those in essential professions who safeguard the democratic rule of law such as local administrators, judges, public prosecutors, police officers, lawyers and journalists. Funds have been earmarked in 2021 and 2022 for further strengthening the local and regional approach; for example, temporary resources can be used for investing in preventive projects to tackle social problems in cities and neighbourhoods, in order to remove the breeding grounds for subversive crime.

Better access to justice

The threshold will be lowered so that it becomes easier to access justice: for example, a better range of online services will be offered. This will give citizens quick access to comprehensible legal information. Those who eventually need a lawyer will still be able to get one. As in 2020, legal-aid lawyers will receive a temporary allowance in 2021 to enable the transition to the new legal-aid system. We will also provide solutions to effectively help those seeking justice. For example, a mediation law will be introduced in order to improve both the quality and implementation of this kind of dispute resolution. Moreover, conflict resolution processes are moving ‘closer to home’ via the district and community courts, supported in part by a new experimental law. Digital resources will be used more often to help those seeking justice promptly and efficiently. The Ministry of Justice and Security will receive an additional 45 million euros in 2021 to further digitalise the criminal justice system.

Clearing backlogs caused by the corona crisis

As a result of the corona crisis, many legal proceedings could not be carried out. This has led to a considerable backlog. The government has made 40 million euros available for 2021 to eliminate the backlogs caused by the corona crisis. Parties such as the Public Prosecution Service (OM), Judiciary (de Rechtspraak), Probation Service (Reclassering), Custodial Institutions Agency (Dienst Justitiële Inrichtingen) and Central Fine Collection Agency (Centraal Justitieel Incassobureau) will combine forces to make this happen, by making better use of existing court buildings, employing additional staff, temporarily handling cases in a different manner and using new working methods. These criminal justice system backlogs must be eliminated by the end of 2021. Last year, agreements were made with the Judiciary for eliminating the existing backlogs in the period 2020-2022. These agreements remain applicable.

Maintaining a sound basis

To ensure a sound basis in the coming years, more than 142 million euros will be injected into the 2021 budget, which will amount to 332 million euros on a structural basis. The lion’s share of this will be allocated to the Custodial Institutions Agency: 113 million euros for the prison system, 108 million euros for forensic care and 38 million euros for detentions under hospital orders. This money will be used to maintain operational capacity and staffing levels in the coming years. The expected capacity requirement within the judicial system has been identified based on the annual estimates provided by the forecasting model (Prognosemodel Justitiële Ketens, PMJ).

A firm approach towards asylum seekers causing disturbances

The Netherlands wants to offer safety to people fleeing war or violence. However, a small group of asylum seekers takes advantage of this and causes nuisance or engages in crime. A firm approach is needed to deal with this problem. In 2021, separate and more curtailed reception facilities will be provided for those asylum seekers from safe countries who are relatively more often part of the group that causes disturbances. Moreover, in 2021, the Minister for Migration will continue to work on the further development of the national Top-X approach for the most persistent offenders. Persons who persistently cause a nuisance may be transferred to a location with an extra-strict regime. Due to the continuing influx of asylum seekers and backlogs in processing asylum applications, an additional 174 million euros will be provided to the cooperating organisations within the asylum system in 2021. This funding is mainly intended for the Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang asielzoekers, COA) and the Immigration and Naturalisation Service (Immigratie en Naturalisatie Dienst, IND).