Page 25 - Aanbevelingen om de integriteit

32
locally . Law enforcement policies of the regions are established by a regional board, consisting of
the mayor of the largest municipality of the region, the chief constable and the local chief
prosecutor.

118. A police region is divided into several districts, each led by a district chief. The districts
consist of a number of local units or teams. The number of police employees in a given region is
determined by the number of inhabitants and the level of crime in the region and differs
considerably from region to region (approx. from 300 to 5000).

119. After having consulted the Board of Prosecutors General and the regional mayors, the
Minister of Justice and Security sets the national policy objectives for the NPN (Article 18 of the
Police Act 2012), as well as the policy objectives for the regional units and the Central Unit (Article 20
of the Police Act 2012). The Minister divides the resources across the NPN units. The Minister is also
responsible for adopting administrative documents, such as the budget, multiannual estimate,
financial statements, management plan and annual reports.

120. The Minister can give the Commissioner both general and specific instructions for the
execution of his/her tasks and powers (Article 31 of the Police Act 2012). The power to give
instructions relates solely to the Commissioner’s powers, and not to the operational duties of the
NPN which are performed under the responsibility of the regional authorities (mayors or public
prosecutors).

121. Authority over the NPN in relation to public order and assistance is exercised by the mayor of
the region (Article 11 of the Police Act 2012), who is accountable to the municipal executive. If the
NPN acts to enforce criminal law or to perform legal duties, it does so under the authority of the
public prosecutor or (in special situations) the Minister of Justice and Security (Article 12 of the Police
Act 2012). In addition, “three-way consultations” are held at regional and territorial (district) level
(Public Prosecution Service, mayor and NPN management). This can also be organised at municipal
level at the mayor’s request (Article 13 of the Police Act 2012).

122. The GET understood that the reorganisation of the police (implementation of the Police Act
2012), from a largely decentralised police force with autonomous regions into a centralised national
organization, has been seen as an important reform, in particular in terms of providing for more
coordination and collaboration in police activities. However, the reform has also raised considerable
concern in the Netherlands, not least within the NPN. Criticism expressed in the public domain
suggest that the massive reform that turned the organisation upside down was introduced too
hastily and that the police have since become too much of a centralised service and a number of
further adjustments have been required, and is still underway.

123. Article 103.1 of the 2012 Police Act provides that within five years from the entry into force
of the Law, the Minister of Justice and Security is to send Parliament an evaluation of the efficacy and
effects of the law in practice. In 2013, the evaluation was assigned to a specially established
independent Evaluation Commission. The results of the evaluation were published in November
2017. While recognising the benefits of the creation of a centralised national police, the Evaluation
Commission concluded, inter alia, that the 2012 Act had led to a structure in which multiple roles lie
in the hands of the Minister of Justice and Security; the Minister determines the national priorities,
chairs the National Consultation Board and is for some tasks the competent authority of the National
Unit; the Minister proposes and approves the police budget, negotiates labour agreements and
appoints various supervisors (management, inspections accountants etc.).

32 Police officers are authorised to perform their duties throughout the entire country. However, police officers who are
assigned to a regional unit refrain from acting outside their assigned area unless action is reasonably necessary, on the basis
of a statutory rule, or under instruction or with consent of the competent authority over the NPN.

25