Code Red appealed the decision that a maximum of 30 people could demonstrate at Shell’s headquarters on May 19, 2020. The court has now upheld Code Red’s appeal.
The court considered that limiting all demonstrations to a maximum of thirty people was at odds with the Public Demonstrations Act. According to the court, while such a restriction may be permissible in special situations, it must be properly justified.
The President of the Security Region had not provided sufficient justification for the initial decision. The mere reference to the Emergency Ordinance in force at the time and an opinion from the GGD-GHOR were insufficient. The court therefore finds that the appeal is well-founded.
The court then did uphold the legal effects of the decision, because during the appeal, the President provided sufficient reasons as to why the restriction was in the health interest and proportionate in this particular case. In doing so, the court considers it important that the right to demonstrate has not been made impossible and does not consider the limitation to 30 participants so intrusive as to affect the content of the protest.
Code Red has difficulty agreeing with the court’s ruling to uphold the legal consequences and disagrees with its considerations. These considerations do not seem to be in line with the right to demonstrate. Code Red will consider an appeal to the State Council.
PILP is assisting Code Red in these proceedings, along with mr. J. van Lunen of Van Lunen Advocatuur.
