The Netherlands have solid policy on Police Law, which has been revised and improved in the recent years. The Netherlands are a constitutional monarchy with a parliamentary legislative system and an independent judiciary. It is a decentralised unitary state, meaning that legislative and administrative powers are exercised not only by the central government but also by the 12 provinces and by local authorities. 

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The Netherlands have solid policy on Police Law, which has been revised and improved in the recent years. The Netherlands are a constitutional monarchy with a parliamentary legislative system and an independent judiciary. It is a decentralised unitary state, meaning that legislative and administrative powers are exercised not only by the central government but also by the 12 provinces and by local authorities.  There are 25 police regions in The Netherlands and each region has its own police force. Regional police forces are primarily responsible for maintaining internal security. There is also the national police force and the Royal Dutch Military Police, a small force under the supervision of the Minister of Defence.

The formal organization of the police force is laid down in the 1993 Police Law, which addresses the organization and main structures of the police service.

When enforcing public order, the police operate under the authority of the mayor who can issue instructions in this respect. When enforcing criminal law and performing judicial services, the police act under the authority of the prosecution service. The prosecution service can give instructions to the police for the enforcement of criminal law regarding investigations. Under the Police Law, the public prosecutor is the senior investigator. In practice, however, the police deal with most cases without prior consultation with the public prosecutor except in more important criminal cases.

The specific statutory powers such as arrest, police custody, and seizure are defined in the Criminal Procedure Code. Some powers, such as search and police custody, may only be exercised by senior police officers who have been designated as auxiliary to the public prosecutor. Furthermore, the police may use force in the exercise of their police tasks. The police may carry out a body search if safety reasons so require. On the basis of the Police Law the police have the power to perform limited invasions of someone’s privacy by means of surveillance or taking pictures of persons in public.

Police ethics in The Netherlands are outlined in the Dutch Police Statute. The statute defines certain general standards for the functioning of the police and methods of conducting official duties of individual police officers. The main provisions of the statute are loyalty to Dutch laws and the Constitution and respect of public interests above personal interests. Moreover, the Constitution prohibits torture and other cruel, inhuman, or degrading treatment or punishment and the human rights legislation further prohibits arbitrary arrest, detention, or exile. The regulations relating to disciplinary measures are contained in the Police Law (Art.61-66).

Significantly, a report by the Parliamentary Inquiry Committee on Police Investigation in 1996 indicated that the police extensively used illegitimate undercover policing methods. The reasons were lack of legislation and clear rules, the lack of authority and supervision by the prosecution service, and the lack of organization in the police force. Accordingly, statutory rules on investigative police methods have been recently enacted. The current regulations are contained in the Criminal Procedure Code and the Police Law, which increase the control of the Prosecutor and the Court over the activities of the police.

The Dutch government is effective in enforcing provisions against discrimination. Under a new Equal Treatment Act, complainants may take offenders to court under civil law. In 1994, Parliament passed an amendment to the Workers’ Conditions Act requiring employers to take measures to protect workers, including measures to counter harassment among civil servants, including the police force.

Analysis provided by: Piotr Bysina, Police Legal Expert.

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