Context/history:
Simply put, Article 94 of the Dutch constitution states: "Statutory regulations in force within the Kingdom shall not be applicable if such application is in confict with provisions of treaties or of resolutions by international institutions that are binding on all persons." (
source) For the retards: international treaties have a higher priority than national laws when in conflict with each other. This means that any and all rules and laws made by the EU and UN are superior to every single Dutch law. Further more, the Dutch supreme court ruled that the EU is a 'super-state' that has absolute superiority over Dutch law (
source). This ruling was first only applicable to international related matters and not national, but due to it being an eye-sore for parlement a commission was created consisting of unelected bureaucrats. This commission instead empowered article 94 because bureaucrats hate national sovereignty.
Result:
Now, how would this effect the governance of the Netherlands? Well, after this law was discovered and the Dutch supreme court ruled that Dutch law is inferior, activist judges proceded to abuse the hell out of it. This caused that any 'right wing' policy or new law would be instantly shut down in court due to it interfering with international laws like the UN/EU laws about human rights. So any anti-immigrant policy instantly got shut down by citing the UN, resulting in the current 'right wing' coalition being unable to enact any of their prefered policies like curbing immigration. So this caused several sad and MATI situations, some highlights:
- 3 Radical imam's got rejected by a Dutch mayor, a judge overruled and said that the imams are allowed to enter and do the activities they want (source), also the wife of the judge is employed by a green organisation.
- An aggressive illegal immigrant wasn't allowed to be in a cell because it was inhumane by judge ruling, also said that it was an act that was the deprivation of liberty (lmao) (source).
- That illegals weren't allowed to be detained in Schiphol airport because they looked like criminal prisons (source), but was reversed by another judge (source).
- An anti family reunion law was struck down by the courts because it was against international human rights (source).
- Shortening the time of the decision periods for asylum applications was also struck down because "There wasn't a sudden increase in applications, you just need to hire more staff"~judge (source)
- Most MATI one: That illegal immigrants should get the same treatment as Ukrainian refugees and thus all illegal immigrants should be treated even better than before because 'equality' (source)
