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124. In the light of its findings, the Evaluation Commission made a number of recommendations,
inter alia, that the various roles (policy, operational and supervisory functions) should be clarified;
that the Commissioner of the NPN should be given more freedom in providing policy-related,
managerial and staff direction and in steering the budget process, as is customary for independent
legal entities. The Evaluation Commission also requested that the ministerial designation of powers
(i.e. the Minister’s power to give the Commissioner general and specific instructions) should be
clarified. Further, the Commission also called for a more effective and efficient supervisory regime
over the police, through the establishment of external audits instead of ad hoc measures and to
making better and coordinated use of the complaints procedures for the organisation as a whole.

125. The GET takes note of the criticism of the 2012 Police Act and its impact on the reform. It is
pleased that the follow-up measures to the reform are underway. For the purpose of this Report, the
GET was particularly concerned that the demarcation of tasks and powers between the Minister and
the Commissioner was not totally clear and that much of the powers were in the hands of the
Minister, despite the fact that the NPN is a separate legal entity and a legal person. Operational
independence of the police in combination with full accountability for actions taken is at the core of
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Council of Europe standards for democratic policing . It may be particularly important to make the
distinction clear between policy powers at the ministerial political level on the one hand, and
operational/administrative independence of the police on the other hand.

Royal Netherlands Marechaussee (KMar)

126. The Royal Netherlands Marechaussee (KMar) is a police organisation with a military status
(Gendarmerie). It is one of four services of the Armed Forces of the Netherlands. The KMar also
conducts traditional police functions in civil society (law enforcement, public order, security and
border control etc.). KMar is also the police of the armed forces and forms part of the Ministry of
Defence. The Police Act 2012 (Article 4) and the Safety (BES Islands) Act 2012 (Article 5) regulate the
policing activities of the KMar.

127. For the performance of police duties, the authority over the KMar is the same as over the
NPN. Authority over the KMar in relation to public order and assistance is exercised by the mayor of
the region, who is accountable to the municipal executive. If the KMar acts to enforce criminal law or
to perform legal duties, it does so under the authority of the public prosecutor unless any law
stipulates otherwise. The KMar falls under the responsibility of the Minister of Defence, who is
responsible for the management of the KMar and for determining the size, composition and required
degree of readiness of the KMar. The KMar has a force commander, namely the Secretary-General of
Defence, on behalf of the Minister of Defence.

128. The KMar has a total staff of 6 497 employees (83% men and 17 % women), of whom 93%
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are operational military employees. It consists of 25 brigades and the staff has military ranks. The
brigades are under the National Tactical Commando (LTC), which is the operational headquarters of
the KMar. The brigades perform all operational and support duties of the KMar. The LTC manages all
operational units via the Operations Centre (OPSENT). KMar has its own training centre, the KMar
Education, Training and Knowledge Centre (OTC KMar) is responsible for all basic and follow-up
training of the KMar. The institute falls under the direct responsibility of the Commander of the KMar
(CKMar).

Access to information and data protection

129. The Government Information (Public Access) Act (WOB) regulates access to information held
by public authorities, including by the NPN and the KMar. The authorities proactively publish

33 European Code of Police Ethics, Rec2001)10, e.g. sections 15 and 16
34 1 January 2017

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