Dutch Government will not approve European Fundamental Rights
Agency unless conditions of Dutch Senate are met
The Hague, 14 march – The Dutch Senate today adopted with an overwhelming majority
(unanimously?) a motion requesting the government not to approve the regulation
establishing a European Union Agency for Fundamental Rights in its current state. The
motion was tabled during the March 7
th
–debate on the Agency. The minister for Foreign
Affairs and the minister for Government Reform promised the Senate in that debate that not
only they will do their utmost to change the European Commission’s proposal, but more
important to not give their consent to the European proposal if certain conditions - requested
by the Senate – are not met.
In the debate the ministers made clear that, although they support the principle of
establishing a Fundamental Rights Agency, they strive for some major changes in the
proposal. In combination with the objections of the Senate to this European proposal, the
conditions stipulated by the Senate and endorsed by the Dutch government for the approval
of the European proposal are: the delimitation of the working field of the Fundamental Rights
Agency to the EU Member States and possibly the candidate countries; strict limitation of the
competences of the Agency to community law; concluding an agreement with the Council of
Europe regarding its involvement and the avoidance of duplications of activities before the
possible approval of the European proposal to establish the Fundamental Rights Agency and
finally, the assurance that the current priorities of fighting racism and xenophobia will be
respected.
Although apparently many of the objections of the Senate are met by the government, it was
thus far unable to counter the most fundamental objection of the Senate. Time and again it
was made clear by the Senators they are not convinced of the need and necessity of the
establishment of the Fundamental Rights Agency. Also during the recent debate, the
ministers could not give any clear example of any violation of fundamental rights during the
European legislative process.
For more information on the debate and the adopted motion, please contact the European
Office of the Dutch Senate by telephone (+31 70 3129 228) or by e-mail