Inburgeringsplichten voor Nederlanders – de administratieve verwerking van een ongrondwettige maatregel

Abstract

This essay concerns repeated attempts by the Dutch government to introduce integration exams for Dutch nationals born in the Caribbean parts of the Kingdom of the Netherlands. The Raad van State (Council of State) had to point out no less than four times that this measure would be unconstitutional as well as an infringement of prohibitions of discrimination in a number of human rights treaties to which the Netherlands is a party. This is why the legislature dropped the relevant bills. In this essay it is argued that existing legislation which imposes a somewhat weaker obligation on this group of Dutch nationals is still operative in fact and in practice in also after January 2008; a period in which new legislation which excludes Dutch citizens from integration exams entered into force. The essay briefly examens the practice by municipalities, which indicates that they do enforce the previous obligations on Caribbean Dutch nationals which the Council of State declared unconstitutional. The essay indicates possible, but difficult, ways in which the government can dissuade the practice of municipalities, who presumably are unaware of the unconstitutionality of their practice.