The European Commission’s 2026 Rule of Law Report, published on 22 July 2026, finds that the Netherlands maintains a very high level of perceived judicial independence, with 77% of the general public and 85% of companies rating it fairly or very good. The report, a staff working document accompanying the Commission’s annual communication on the rule of law situation in the EU, highlights several ongoing reforms and persistent concerns.
A legislative proposal to remove the Minister of Justice and Security’s power to give instructions to prosecutors in individual cases is pending in the Senate. Proposals under discussion include allowing judges to review legislation against “classic” fundamental rights in the constitution, giving the judiciary its own budget, and removing the executive’s role in appointing Council for the Judiciary members. On 1 November 2025, visual supervision of lawyer-client conversations in high-security prisons entered into force; lawyers resumed work after changes, but the Netherlands Bar Association still has concerns about microphones in cameras and prison staff intervention.
The report notes that an additional EUR 31 million was allocated for the judiciary in 2026, with EUR 50 million for both 2027 and 2028, and a temporary scheme allowing judges to work until age 73 is being made permanent. Legal aid funding increased structurally by EUR 30 million from 2027 onwards, effective 1 February 2026. The Public Prosecution Service halted new instructions to intensify use of penal orders pending an impact assessment, after the Procurator General noted shortcomings in May 2026. The Government intends to establish a transparency register on lobbying; a national corruption risk assessment was published in March 2026.
Overall, the Netherlands shows high judicial independence and progress on safeguards, but concerns persist on lawyer-client privilege, legal aid funding levels, and lobbying transparency.