The Netherlands National Handbook on Decision-Making in Crisis Situations
VI
Legal aspects
1. The main principle of crisis management is to use only the
normal powers laid down in existing legislation for as long as
possible.15
2. As the term implies, emergency legislation is intended for use in
exceptional situations in which normal statutory powers give
the government insufficient scope for effective action.
3. The Exceptional Emergencies (Coordination) Act means that
emergency powers can be exercised in line with current
thinking on crisis management, i.e. in a manner that is
proportionate and flexible, in keeping with the nature and
gravity of the situation.
4. The entry into force of emergency powers is in principle linked
to two different levels of emergency: a restricted state of
emergency and a general state of emergency, which may be
declared ‘if unusual circumstances make such a step necessary
in order to safeguard internal or external security’.
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5. A state of emergency is declared and extraordinary powers are
made operative by Royal Decree on the recommendation of the
Prime Minister (= the Minister of General Affairs). The States
General decide in a joint session whether these powers should
be prolonged.
6. Sections of emergency legislation can be activated even when
there is no state of emergency – though special circumstances
must apply – again by Royal Decree on the recommendation of
the Prime Minister (= the Minister of General Affairs), and
extended by further legislation. Such separate application is
permissible only in relatively small-scale situations in which it
would be inappropriate to declare a state of emergency.
Emergency powers that infringe fundamental rights can be used
only if a general state of emergency has been declared.
For a summary see Bestuurlijke Netwerkkaarten Crisisbeheersing,
Arnhem, Dutch Safety Institute, IFV, 2015.
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