The corona measures do not have to be dismissed, the court in The Hague ruled in a lawsuit brought by action group Virus Truth. According to the judge, there is sufficient legal basis for the measures.
In summary proceedings against the state, Virus Truth demanded last week that all corona rules would be deleted immediately, because they would violate fundamental rights and international treaties. According to the action group, “crisis measures leading to far-reaching restrictions of fundamental rights” should only be taken under very strict conditions. For example, the state should have officially declared a state of emergency, according to Virus Truth.
The whole of the Netherlands is “kept in a detention regime” by the measures, argued the action group in court. But according to the state Virus Truth does not see the seriousness of the corona situation and the group lives “in a different reality”. Nor would it be necessary to declare a state of emergency to justify the measures.
The Hague court agrees with this and states: “After all, extraordinary powers have only been applied to a limited extent.” According to the judge, fundamental and human rights are now even better guaranteed than if the state had declared a state of emergency.
It was not the first time that Viruswaarheid and the Dutch state faced each other in court. In February, the action group filed a case about curfew. The judge agreed with Virus Truth and determined that this measure had to be lifted immediately, because the curfew would have been imposed on wrong legal grounds.
On appeal, the court swept that ruling off the table. According to the court, the corona pandemic was sufficient reason to introduce the curfew. The measure therefore remained in force.
In today’s ruling, the Hague court refers several times to the earlier ruling of the court. According to the judge, the court then assessed the arguments that Virus Truth has now put forward again. “The judge sees no room to judge this differently now.”
Incidentally, the summary proceedings in which the judge gave judgment today would initially only concern the curfew. But because it no longer applies since the end of April, Virus Truth took the case to demand the abolition of all corona measures. “The objections to the curfew apply to all corona rules that restrict fundamental rights and freedoms,” said Virus Truth lawyer Jeroen Pols.