In recent weeks, the government has taken measures against the spread of the corona virus in the Netherlands. In a nutshell, the government is banning gatherings of more than 100 people and keeping establishments open. This includes catering establishments (except hotels), sports facilities (such as sports and fitness clubs, swimming pools, sports halls, sports fields and saunas) and coffee shops. This applies until 7 April 2020 for now. What is the legal status of this and what happens in case of non-compliance with these measures?
The presidents of the Safety Regions have promulgated legally binding bans. They have done this by adopting emergency ordinances. The Minister for Medical Care and Sport and the Minister for Justice and Security instructed the chairmen to do so. The bans cover gatherings and closure of establishments, as indicated above.
These prohibitions are not optional. The starting point is that both administrative and criminal action can be taken for violation of emergency ordinances.
The presidents of the Safety Regions can enforce (or have enforced) by imposing an administrative order or a penalty payment. In addition, the police and in some cases the Royal Netherlands Marechaussee are in charge of (criminal) public order enforcement.
Please feel free to contact us if you would like advice on how to prevent a breach of the emergency order or if you are facing enforcement.