The European Commission, in its 2026 Rule of Law Report country chapter on the Netherlands published on 17 July 2026, finds that perceived judicial independence remains very high (77% among the general public, 85% among companies) and acknowledges progress on several recommendations, while noting that key legislative safeguards are still pending.
The report highlights that a proposal to remove the Minister of Justice and Security's power to instruct prosecutors in individual cases is currently before the Senate.
Additionally, proposals are under discussion to allow judges to review legislation against 'classic' constitutional fundamental rights, to grant the judiciary its own budget, and to remove the executive's role in appointing members of the Council for the Judiciary. On 1 November 2025, a law on visual supervision of lawyer-client conversations in high-security prisons entered into force; although lawyers resumed work after adjustments by the Custodial Institutions Agency, the Bar Association continues to report concerns. The Commission notes that an additional EUR 31 million was allocated for the judiciary in 2026, with EUR 50 million earmarked for both 2027 and 2028, and a temporary scheme allowing judges to work until age 73 is being made permanent. On 1 February 2026, legal aid funding was structurally increased by EUR 30 million from 2027 onwards. The government has announced its intention to establish a transparency register on lobbying, and a national risk assessment on corruption was published in March 2026. The report underscores that while the Netherlands demonstrates high judicial independence and significant progress on justice working conditions and legal aid funding, key legislative safeguards on prosecutorial instructions, constitutional review, and judicial appointments remain pending, and concerns persist regarding lawyer-client privilege and media transparency.