Municipalities are the boss of the RIVM

#noodmaatregel In the article It was already stated that the RIVM says anything when it comes to answering questions from entrepreneurs and citizens. Apparently, local authorities have found something to solve the ambiguities in answering the questions of the RIVM.

You would be mayor in a municipality where you are bombarded daily with the different visions of the RIVM on the same topics. Topics that are often labeled as “gray area”. Then a logical step is that you, as mayor, are going to come up with something on that. One possibility the mayors have is the emergency regulations. In practice, however, the emergency regulations are sometimes poorly formulated that it is difficult for the police to enforce the well-intentioned regulations. Almost every week there is somewhere in the Netherlands where a mayor has a temporary emergency measure taken to prevent or combat an emergency situation. As a result, hundreds of police officers are involved every year in the enforcement of emergency orders and emergency regulations.

The mayors invoke Article 176 of the Gemeentewet. Article 176 of the Gemeentewet states that 'where a circumstance referred to in Article 175 (1) arises, the mayor may lay down generally binding provisions necessary to maintain public order or to limit danger. Such derogations may be made from provisions other than those laid down in the Constitution. He shall publish these provisions in a manner to be determined by him.
The mayor shall inform the council, the King's commissioner and the head of the district parket' as soon as possible.

The Municipal Act gives the mayors the power to draw up regulations if there are exceptional circumstances. Only then can the mayor make use of this power.

In doing so, the qualification of exceptional circumstances shall mean:
  1. the threat of vital importance.
  2. the inadequacy of normal powers.
At the moment there are active mayors in the Netherlands who think they should draw up regulations in Coronatijd because the RIVM and the second chamber and the ministers do not know about it either. It is striking that the municipal boundary is decisive and one neighbour is allowed to do something that the other neighbor gets a fine for. That is strange and we should be organising differently.

Special observations in Coronatijd have also been spotted, please leave them below.