Comments of the Council of State (Raad van State) regarding assignment authority

March 18, 2009 7:35 AM

The Council of State has serious comments regarding procedure, necessity and expected effectiveness of the assignment authority of the (Dutch) Minister of Justice for the local Attorney-General, states a well-informed source.

The advice was forwarded to the Dutch Government last Friday and is now in the so-called advisory stage. It is eventually the Government that decides if such is to be made public. In consultation with her partners, the Dutch Government will decide how they will incorporate this advice in the National Law.

On December 5th last year The National Council of Ministers agreed with the National Law Prosecution Council who regulates the layout, organization and management of the Prosecution Council in the new political structure.
The assignment authority for the Dutch Minister of Justice –on behalf of the National Council of Ministers- has been regulated in this National Law. According to the law this Minister may give instructions to the Attorney-General in view of tracing and persecution of offences as a last resource in case fundamental human rights and liberties, legal security and reliability of government in a relevant country can not be guaranteed.

(Source: National newspaper Amigoe)

16 March., 2009