Cabinet seeks more scope to move demonstrators
The announced legislative changes should give local authorities more options without abolishing the right to demonstrate as a fundamental right.
The cabinet wants to tighten the right to demonstrate in a targeted way following a series of blockades, incidents of violence and damage at demonstrations. Mayors should be able to force demonstrators to move under certain conditions; there will be no general ban on demonstrations.
The cabinet’s plans follow a response issued on 4 September to research by the Scientific Research and Data Centre and a report by the National Ombudsman. According to the government, most demonstrations take place without incident, but in some actions local authorities struggle to safeguard the fundamental right, public order and safety at the same time.
An important element is an amendment to the Municipalities Act. It is intended to provide an explicit legal basis for moving demonstrators and other groups when they fail to comply with an order from the mayor. The cabinet says it mainly wants to create clarity about the existing scope for intervention.
The cabinet also wants to clarify the criminal provision in the Wet openbare manifestaties. According to the cabinet’s response, current law already offers more scope for criminal-law action in some situations than is used in practice. The cabinet does not consider new legislation making motorway and railway blockades separately criminal offences necessary: according to the government, such blockades are already prohibited.
The discussion is taking place against the background of recent actions by Extinction Rebellion. At an unannounced blockade of the A12, 38 people were detained on 13 September. The police distinguished between people alleged to have endangered traffic and other attendees who were detained for violating the Wet openbare manifestaties.
Utrecht also banned an announced blockade of the Ring A12 on 19 September. The municipality designated Domplein as an alternative location. According to Utrecht, motorway blockades pose risks to demonstrators, other road users and emergency services. In an earlier comparable case, the Midden-Nederland District Court ruled that activists had overstepped the bounds of the right to demonstrate with their blockade.
At the same time, the existing principles remain in place. No permit is required for a demonstration, although the action usually has to be notified to the municipality. Only the mayor can impose restrictions or ban a demonstration. The police facilitate demonstrations and cannot independently decide to terminate a protest.
The cabinet wants to begin the public consultation on the legislative changes in the first quarter of 2027. For the previously announced proposal for a ban on face-covering clothing during demonstrations, the cabinet is taking no further steps for the time being. The precise wording of the new rules and parliamentary consideration still have to follow.
One story, several perspectives
What is established
- The cabinet wants to amend the Municipalities Act to make forced relocation possible.
- Demonstrating is a fundamental right, and a demonstration may not be ended solely because it was not notified.
- The government does not want a separate new criminal offence for motorway and railway blockades.
Left
Arguments The priority should be protecting the right to demonstrate and using coercion sparingly. According to this approach, additional powers could discourage peaceful protest and primarily affect groups with few other ways to influence policy.
Values Freedom of expression, civil rights, social equality and the protection of minorities.
Consequences Broad freedom to protest keeps social pressure and the visibility of abuses in place, but requires investment in policing, traffic measures and targeted prosecution of violence.
Centre
Arguments The right to demonstrate must remain intact, while mayors must be able to act effectively against dangerous blockades and violence. Clear criteria, judicial review and safe alternative locations are more important than a general ban.
Values Proportionality, legal certainty, administrative feasibility and public safety.
Consequences A limited expansion of powers could make conflicts manageable more quickly, but their application must remain subject to scrutiny to prevent arbitrariness.
Right
Arguments Demonstrating is a right, but according to this approach it must not systematically hold up traffic, emergency services or the safety of others. The government should intervene more quickly and give greater weight to repeated offences.
Values Public order, safety, responsibility and compliance with the law.
Consequences Tougher action could reduce blockades and repetition, but may damage trust in the government if peaceful demonstrators receive the same treatment as people who use violence.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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The policy intentions and legal context can be found directly in government and police documents. The text presents the legislative changes as plans, not as established law.
- confirmed The cabinet wants to be able to force demonstrators to move under certain conditions. — Mentioned in the cabinet’s response and on the Lower House (Tweede Kamer) page. source
- confirmed The cabinet wants to clarify the criminal provision in the Wet openbare manifestaties. — Explicitly mentioned by the Dutch government. source
- confirmed According to the cabinet, motorway and railway blockades are already prohibited. — Explicitly stated in the cabinet’s response. source
- confirmed Thirty-eight people were detained at an A12 blockade on 13 September. — Confirmed by politie.nl. source
- confirmed Utrecht banned an announced XR blockade on the Ring A12. — Confirmed by the municipality of Utrecht. source
- confirmed Only the mayor can restrict or ban a demonstration. — Mentioned in the police explanation of demonstration rules. source
- confirmed The public consultation on the legislative changes is due to start in the first quarter of 2027. — Mentioned in the cabinet’s response. source
Editor's note
The cabinet’s intentions, the existing division of powers and the A12 measures mentioned are certain. The legislative changes have not yet been submitted; their precise legal elaboration and parliamentary support are uncertain.Sources
- Kabinet volgt aanbevelingen WODC: gericht aanscherpen demonstratierecht — Rijksoverheid
- Demonstratierecht — Tweede Kamer
- Regels voor demonstraties en manifestaties — Politie
- 38 aanhoudingen bij onaangekondigde A12-blokkade door XR — Politie
- Aangekondigde demonstratie XR op Ring A12 bij Utrecht verboden — Gemeente Utrecht
- Taakstraf en voorwaardelijke celstraf voor blokkeren snelweg bij XR-demonstratie — Rechtspraak