In this article we examine the Dutch emergency legislation for local democracy. In response to the COVID-19 pandemic in the Netherlands, the Temporary Act for digital meetings for local/regional government tiers was enacted. The legislature introduced a system of digital debate and decision-making for municipal and provincial councils, the democratically elected assemblies at the local and regional levels. At the same time the Ministry of the Interior and Kingdom Relations set up an evaluation committee to monitor and evaluate the working of the local and provincial governments with this temporary legislation. This article discusses the content and application of the temporary provisions for deliberation and decision-making on a digital platform. The purpose of the legislation is to create possibilities for the elected representatives to continue their work during the lockdown. We examine the design and structure of the legislation and disclose the evaluation results so far. The arrangements aim for secure, transparent and reliable democratic practices. Early evidence pertaining to the effects of the Act show that it works effectively only up to a certain level. We critically discuss the sunset clause in the Act and plead against function creep. Moreover, the expectations now and in the future from continuous digitalization of this part of the democratic process should be modest. On the basis of our analysis of the characteristics of the legislation and the effects on the political work of the representatives, we conclude that the current form of digitalization does not provide for the interaction between representatives and their constituencies and the communities at large.

COVID-19 regulation, temporary legislation, sunset clauses, digitalization, digital democracy, local democracy, experimental legislation.
dx.doi.org/10.5553/EJLR/138723702021022004005, hdl.handle.net/1765/134694
European Journal of Law Reform
Erasmus School of Law

Van Kalken, L., & Stamhuis, E.F. (2021). Digital Equals Public. Assembly Meetings Under a Lockdown Regime. European Journal of Law Reform, 22(4), 384–397. doi:10.5553/EJLR/138723702021022004005