Wednesday, April 22, 2009

Dutch government abuses right to discriminate it's own citizens

Over the last decade thousands of Dutch citizens have been forced to leave the country to gain the right to family life. The website www.buitenlandsepartner.nl is a witness to this reality. You can read a lot of heartbreaking stories there (some in English)about the way the Dutch government (backed by the Raad van State, highest court in the country) treats its own citizens.

In january the Dutch parliament held a special audience because of an article in a large anti-immigrant newspapers called "De Telegraaf" which stated that those who temporary lived in Belgium to gain the right to family life for their spouse and children were abusing the rights of free movement within the EU. The article "Parliament wants quick end to Belgium-route" and those members of parliament of the political parties CDA, SP, VVD and PVV continued their relentless attack on those citizens who had left the country because of Dutch immigration policy in regard to family-life.

The fact that every EU citizen who has left his country of origin as migrant worker has the right to family life in all !!!!! memberstates, makes it absolutely clear to what the EU interpretation of the fundamental right to family-life is. This interpretation by the EU court in Luxembourg is not accidental. This fundamental right is not based on free movement, as many try to make you believe (Just read for instance the Carpenter and Akrich arrests, these cases make it clear that independent of free movement family-life should be respectedin a specific way). The fact that this right is fundamental but nevertheless not respected in the Netherlands is evidence of the fact that the Dutch government abuses it's right to discriminate against it's own citizens.

The irony is that the largest political party in the Netherlands, CDA (Balkenende), has elected at the head of it's European parliamentary election list Wim van de Camp, the man who said that "the abuse of the Belgium-route should stop". I would ask him to acknowledge the fact, not just that he has not read EU-jurisprudence of the court in Luxembourg, not just that he distorts the fact that the belgium-route is based on solid interpretation of EU-Law and jurisprudence, but that the Dutch government is in fact abusing it's right to discriminate against it's own citizens in refusing them their fundamental rights and forcing them to leave their country in the first place.

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