Measures not illegal
According to the preliminary relief judge, the restrictive measures that the State has taken are not unlawful. The State acts sufficiently carefully in this regard. Because advice from a team of experts united in the Outbreak Management Team is always sought in advance. After that, the various interests are weighed and the State makes policy choices.
Not everyone in the Netherlands agrees with those choices. There is a lot of (popular) scientific discussion about the nature, severity and approach of the coronavirus. However, this does not mean that the approach chosen by the State is clearly incorrect. This concerns not only the severity of the disease symptoms and (an estimate of) the percentage of infected people who will die of the disease, but also the risk of massive contamination and spread and as a result of this, an overload of the care system.
In weighing up all these interests, the State has a great deal of discretion. It is not up to the judge in summary proceedings to settle a ‘battle of experts’. The measures taken by the State are also not disproportionate. Evaluation takes place regularly. This has already demonstrably led to relaxation of measures previously taken.
Sufficient legal basis
The emergency regulations that currently underlie the measures provide as yet sufficient legal basis for this. The bill for a Temporary Law on Measures Covid-19 that is currently being worked on is still in a draft phase. The final bill will have to go through the usual legislative process. There is therefore no room for judicial intervention.