Is the rule of law in danger due to societal developments?

Rechtsstaat buiten spel?

For the second year in succession, employees of Erasmus School of Law, the Public Prosecution Service, the Rotterdam Bar and the Rotterdam District Court came together for the ‘Opening of the Legal Year’. This combines the “opening of the judicial year” of the court, the Public Prosecution Service and the legal profession with the opening of the academic year of Erasmus School of Law.

During the conference on the ss Rotterdam on Thursday 12 September 2024, the current question was whether the rule of law is in danger due to societal developments. Is there a risk of erosion due to political developments, among other things? Prior to the panel discussion and plenary debate, speakers with various backgrounds shared their experiences.

Making the right decisions

In his lecture, soccer referee and former police inspector Danny Makkelie made a comparison between the playing field and society, where clarity and enforcement of rules are very important. Using examples from the world of sports, he emphasized that cooperation and communication are key to making correct decisions, both in a successful rule of law and in sports.

Major concern about the state of democracy

According to Ferdinand Grapperhaus, former Minister of Justice and Security and Professor of Rule of Law, Society and Legal Practice at Erasmus School of Law since June last year, the current state of the rule of law. In his lecture, he did express his major concern about the state of democracy, because of populism and unrealistic promises. According to Grapperhaus, this is due to a lack of a societal compass for justice and good legislation.

Providing public explanation

In addition to sharing some personal experiences, Wouter Laumans, crime journalist for the national newspaper Parool, made a case in his presentation for what he believes is the importance of explaining complex legal processes to the public. This need gave rise to the legal podcast Napleiten, in which he (together with Christian Flokstra and Ayse Çimen) talks to lawyers, public prosecutors and judges. He is proud of the podcast with judge Meta Vaandrager, in which she talks about the loneliness that sometimes comes with the profession.

In the subsequent panel discussion and debate led by the President of the Rotterdam District Court Julia Mendlik, various statements were shared with those present, such as An activist lawyer is never sidelined in the rule of law, The judge can criticize the legislator and Fear sidelines the rule of law. The statements led to interesting discussions between panel members Ferd Grapperhaus, Ronald Steen (Public Prosecution Service), Mark West (Rotterdam Bar), Annemieke Boer (Rotterdam District Court), Wouter Laumans and those present in the room.

'The rule of law needs maintenance'

Harriët Schelhaas, Dean of Erasmus School of Law, took charge of the review. She also indicated that she believes that the rule of law is strong and that it can withstand a lot: “However, it does need maintenance. Freedom, legal certainty, legal equality, legal protection and separation of powers are fundamental components. Teamwork between gown wearers, the university and also the media is essential for maintaining and strengthening the rule of law.” Schelhaas emphasized the important role that the university plays, not least as an educator of students, with attention to the rule of law.

More information

For more information, please contact communications advisor Ronald de Groot of Erasmus School of Law, rdegroot@ese.eur.nl, +316 53 641 846.

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