Erosion of judicial independence, media freedom and civic space
Growing concerns for rule of law in the Netherlands
The European Commission’s annual Rule of Law Report is a vital accountability tool—one that enables civil society, governments, and citizens alike to uphold the democratic principles that keep our societies fair, inclusive, and just. This year, the Netherlands Helsinki Committee, together with Transparency International Nederland, Free Press Unlimited, Nederlands Juristen Comité voor de Mensenrechten (NJCM), Lawyers for Lawyers, and the Public Interest Litigation Project, contributed to the 2025 edition of the report with our most critical assessment to date.
As NHC’s Executive Director, Joeri Buhrer Tavanier reflects:
Our findings reflect growing concern that the Netherlands is facing increasing challenges to its rule of law framework. We highlight these issues not to diminish trust in institutions, but to encourage reforms that will strengthen them. The report is a reminder that democratic erosion is not inevitable. By naming these issues, we create space for solutions, and by leveraging the Rule of Law Report mechanism, we remind ourselves that we already have powerful tools to protect what matters most: fairness, freedom, and accountability.
Justice system
A robust justice system is the backbone of democratic life. Our report identifies key vulnerabilities, including concerns over the independence of the judiciary due to the Minister of Justice’s role in appointing court leadership, and a lack of transparency in disciplinary procedures for judges. We also raise the alarm on the autonomy of the prosecution service, where political influence remains possible. The report also highlights solutions that are within reach: clearer legal safeguards, better protection for lawyers, especially those working in sensitive areas like human rights and asylum law, and adequate funding for legal aid can help restore public confidence and ensure equal access to justice for all.
Anti-corruption framework
Fair governance requires transparency and accountability. However, the Netherlands has yet to criminalize ‘trading in influence,’ leaving a significant gap in the anti-corruption framework. Loopholes in post-government employment rules allow former officials to rapidly enter lobbying roles, and there is no mandatory lobbying register. Despite this, we see potential for progress: clear, enforceable standards and stronger protections for whistleblowers will help close these gaps and build a culture of trust in public service.
Media pluralism and freedom
A vibrant, independent media is essential to a functioning democracy. In the Netherlands, media concentration is rising, and recent mergers have prompted concern about diminishing plurality. Meanwhile, budget cuts and VAT increases threaten the sustainability of public interest journalism. Journalists also face increasing threats, both online and offline, alongside legal pressures such as SLAPPs (strategic lawsuits against public participation). We call on the Dutch government to protect press freedom; not just as a right, but as a cornerstone of an informed, empowered society.
Civic space and freedom of expression
Democracy and rule of law depend on a vibrant civil society: if one is weakened, the other is at risk. Our contribution to the 2025 Rule of Law report on the Netherlands on civic space and freedom of expression highlights several restrictive policies, such as the proposed Transparency Act (‘WTMO’), which could unduly burden NGOs. We also reflect on the planned cuts to development funding and new barriers to financial sustainability. In addition, we observe a shrinking space for protest, with excessive policing and surveillance undermining peaceful assembly. This highlights a troubling trajectory, but these trends are not irreversible. We call on the Dutch government to take concrete action: protect the right to protest, recognize civil society as an essential democratic partner, and reaffirm commitment to openness and inclusion.
Other systemic issues
Finally, in this report we draw attention to broader systemic challenges when it comes to rule of law in the Netherlands, including fast-tracked legislation in asylum policy that risks bypassing essential checks and balances. Discriminatory elements in immigration law, such as the proposed repeal of the Municipal Duty Act (‘Spreidingswet’), pose a risk to equitable treatment and children’s rights. Meanwhile, algorithmic decision-making is expanding without sufficient legal safeguards, raising concerns about due process and data privacy.
However, through firm oversight and a policy grounded in civil society input, we believe these negative trends be reversed in favour of a rights-based direction.
The rule of law is not just a set of technical standards—it is a living framework that shapes how we relate to one another, how we access justice, and how we build trust in the systems meant to serve us. Tools like the Rule of Law Report, especially when informed by civil society, are not only watchdogs—they are roadmaps. By engaging with this process and taking its findings seriously, the Netherlands has a chance to lead by example and ensure that our democratic values remain resilient, responsive, and real.
