Controversy over Headscarves for Law Enforcement Officers: Can Minister Ban Religious Expressions?

Mayor Halsema wants it, but outgoing minister Yeşilgöz puts a stop to it: the possibility for law enforcement officers to wear a headscarf on the street. The only question is: can the minister ban religious expressions among boas? Professors have doubts.

On February 13, Mayor Halsema announced that he would implement a motion by Denk in the council to make it possible for boas to wear religious expressions with their uniform. The boabond was not happy with Amsterdam’s decision.

And now less than four weeks later, the outgoing Minister of Security and Justice announces that he will intervene with a ministerial decision. But can the minister do this? Professors do not have a clear answer.

Unitary state

Leonard Besselink, professor of constitutional law: “The government can suspend and annul any decision of the municipal council due to conflict with the law or the public interest – says the Constitution. Although we are decentralized, we are still a unitary state. The question may be whether the ban on religious signs in dress codes is a justified restriction of the freedom of religion/expression.”

AT5

Professor of Public Administration Michiel de Vries agrees. “The minister can do it. The boa uniforms are determined by the government. The Netherlands is a decentralized unitary state. The government is above the municipality and it can impose these kinds of things.”

Wim Voermans, professor of constitutional law, made a different statement yesterday via X. He wrote: “Does the minister have the authority to do that? The employers of the boas are the municipalities. The minister has no ability to regulate dress codes.”

“I think new policy while you are outgoing is undesirable”

Michiel de Vries, professor of public administration

Mayor Halsema said in a response yesterday that he had not consulted with the minister at all about allowing religious expressions at boas. Through her spokesperson, she said she was curious when the first consultation on this would take place.

Political wind

De Vries also doubts the usefulness of banning religious expressions and is surprised at the timing of Yeşilgöz’s decision. “I think new policy while you are outgoing is undesirable. It is only symbolism.”

Above all, this is all a new political reality that Amsterdam can get used to. The city is beginning to feel the right-wing wind that has started to blow in national politics after the November elections: earlier this week the cannabis experiment died, and now possibly also the wish of the council and mayor to allow headscarves for enforcement officers. . But will it come to that? In any case, Halsema is prepared to make administrative efforts with the minister.

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2024-03-07 16:03:43


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