In recent weeks, the government has taken many measures against the spread of the coronavirus (SARS-CoV-19) within the Netherlands. The latest package of measures was presented on 23 March 2020. What are the new measures, what is their legal status and what happens in case of non-compliance? As the first emergency regulations following the additional measures dated 23 March 2020 are published, we can explain.
Legally, the presidents of the security regions have declared new bans. They did this by adopting new emergency ordinances. The Minister for Medical Care and Sport and the Minister for Justice and Security gave the chairmen a so-called "direction" on 24 March 2020 to adopt the emergency ordinance. These emergency ordinances may differ from one region to another on details. In other words, the rules may be slightly different from one security region to another, and this may have different practical implications.
We have largely listed the prohibitions covered by the new emergency regulation below:
This does have many exceptions and different end dates (6 April 2020 to 1 June 2020), so always seek advice on your concrete situation.
These prohibitions are not optional. The starting point is that both administrative and criminal action can be taken if the emergency order is breached.
The presidents of the security regions have supervisors, boas, police officers and soldiers of the Royal Military Police enforce by imposing administrative coercion or a penalty. In addition, criminal law enforcement of public order takes place under the chairmen's direction. These sanctions can amount to three months' imprisonment or a fine of €4,350.
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.