Dutch Legislation

Chapter 3

in force

Policy regarding the police and the organisation of the police

Police Act 2012 (Politiewet 2012) · Articles: 69

Section 3.1

Beleids- en beheersbevoegdheden en kwaliteitszorg op rijksniveau

18 Article 18

Our Minister shall, after consultation with the Board of Procurators General and the regional mayors, determine the national policy objectives…

19 Article 19

Our Minister shall, together with the Chief of Police, hold consultations at least four times a year with the regional mayors or a delegation of the…

20 Article 20

Our Minister shall, having heard the Board of Procurators General and the regional mayors, and taking into account the circumstances of the unit…

21 Article 21

Rules may be established by or pursuant to an Order in Council regarding the requirements for the proper performance of duties by the police and the…

22 Article 22

Rules concerning the armament, equipment, and clothing of police officials shall be established by or pursuant to an Order in Council.

23 Article 23

Rules may be laid down by ministerial regulation regarding:

23a Article 23a

The main lines of policy and management regarding the emergency response centres, as referred to in Article 25a, paragraph 1, shall be established by…

24 Article 24

Rules may be laid down by Order in Council regarding:

Section 3.2

De inrichting van de politie

25 Article 25

There is a national police force which consists of the following units:

25a Article 25a

A control room is the physical location where the control room function, as referred to in Article 25b, paragraph 1, is performed. The police have…

25b Article 25b

The emergency response centre function consists of receiving, registering and assessing reports requesting the acute deployment of the police…

26 Article 26

The police has legal personality and is established in a municipality to be designated by Our Minister.

27 Article 27

The Chief of Police is charged with the leadership and management of the police. The Chief of Police shall be accountable to Our Minister for the…

28 Article 28

The Chief of Police is appointed, suspended, and dismissed by Royal Decree. The regional mayors and the Board of Procurators General shall be given…

29 Article 29

The following acts of the Chief of Police require the consent of Our Minister:

30 Article 30

Rules regarding the management of the police shall be established by or pursuant to an Order in Council. The recommendation for an Order in Council…

31 Article 31

Our Minister may issue general and specific instructions to the Chief of Police regarding the performance of his duties and the exercise of his…

32 Article 32

The chief of police shall provide Our Minister, upon request and on his own initiative, in a timely manner with the information that Our Minister…

33 Article 33

Our Minister shall annually make contributions available from the budget of his ministry to the police, partly with a view to the actual provision of…

34 Article 34

Our Minister shall annually establish a budget for the police for the coming financial year, as well as a multi-annual estimate for the four years…

35 Article 35

Our Minister shall annually establish an annual account of the police, which also pertains to the accountability regarding the lawfulness of the…

36 Article 36

Our Minister shall distribute the strength and resources among the units of the police, as referred to in Article 25, paragraph 1. In doing so, he…

37 Article 37

Our Minister shall annually establish a management plan and an annual report for the police. The Chief of Police shall draft a proposal for a…

Section 3.3

De regionale eenheden

38 Article 38

The daily management of a regional unit rests with the chief of police.

38a Article 38a

There shall be at least one community police officer active per 5,000 inhabitants.

38b Article 38b

The municipal council shall determine at least once every four years the objectives that the municipality pursues in the field of safety through the…

38c Article 38c

Our Minister shall designate a regional mayor for each area in which a regional unit performs police duties for a period of four years. The mayors of…

38d Article 38d

The regional mayor shall render account for the exercise of his duties pursuant to this Act and his authority pursuant to Article 39, paragraph 2, to…

39 Article 39

The mayors of the municipalities in the area in which the regional unit performs the police task and the chief public prosecutor shall, at least once…

40 Article 40

Our Minister may, with regard to the policy plan referred to in Article 39, paragraph 1, issue the necessary instructions to the regional mayor, if…

41 Article 41

The regional mayor and the chief public prosecutor shall consult regularly with the police chief of a regional unit.

Section 3.3a

Bovenlokale afstemming

41a Article 41a

The mayors of the municipalities within the area in which the regional unit performs police duties and whose municipal boundaries coincide with the…

Section 3.4

De landelijke eenheden

42 Article 42

There are one or more national units. They are charged with one or more of the following tasks:

43 Article 43

Our Minister may give the necessary general and specific instructions to the relevant police officers regarding the performance of the tasks referred…

44 Article 44

Our Minister may, if he deems it necessary in connection with the performance of the tasks referred to in Article 42, paragraph 1, instruct the…

Section 3.5

Rechtspositie en screening

44a Article 44a

For the purposes of this Section, the following definitions apply:

45 Article 45

Insofar as they are not appointed, suspended, and dismissed by Royal Decree, police officers, with the exception of the officers of the National…

46 Article 46

The designation of the head of a territorial subdivision of a regional unit, as referred to in Article 13, shall take place following the obtained…

47 Article 47

Regulations concerning the police shall be established by or pursuant to an Order in Council regarding:

47a Article 47a

A police officer is not required to perform duties on days of religious or public holidays that are applicable to him on the basis of his religion or…

47b Article 47b

A police officer who, due to the extent of the duties resulting therefrom, cannot simultaneously perform a function in public law bodies to which he…

47c Article 47c

The competent authority shall not make a distinction between police officers based on a difference in working hours regarding the conditions under…

48 Article 48

Rules concerning the ranks of the police and signs of special merit shall be established by Order in Council.

48a Article 48a

In this Section, attachment (beslag) also includes the claim referred to in Article 19 of the 1990 Collection of State Taxes Act (Invorderingswet…

48b Article 48b

Insofar as not otherwise provided in this Section, attachment may be levied on remuneration in accordance with the provisions of common law.

48c Article 48c

Remuneration paid unduly by the competent authority may be recovered.

48d Article 48d

The remuneration owed by the competent authority may be set off against what the police officer, in that capacity, owes to the authority itself.

48e Article 48e

The competent authority may apply a deduction to the remuneration for the benefit of a creditor of the police officer, provided that the officer…

48f Article 48f

For the application of Article 475b, paragraph 2, of the Code of Civil Procedure, set-off and deduction shall be equated to attachment, without…

48g Article 48g

If several creditors have a claim to a portion of the remuneration by virtue of an attachment or a deduction, the distribution shall take place in…

48h Article 48h

The transfer, pledging or any other act by which a police officer grants any right to his remuneration to a third party is only valid for that part…

48i Article 48i

Payment or delivery to an authorised representative, after a power of attorney for the satisfaction or collection of remuneration has terminated…

48j Article 48j

For a police officer who has reached the age referred to in Article 7, part a, of the General Old Age Pensions Act (Algemene Ouderdomswet) and who…

48k Article 48k

If, pursuant to regulations or rules based on Article 47, paragraph 1, a notice period for the termination of the employment of a police officer has…

48l Article 48l

Insofar as positions are eliminated in connection with a reorganization, the police officer who has reached the age referred to in Article 48j…

48m Article 48m

A police officer who has reached the age referred to in Article 48j, paragraph 1, may be dismissed on the grounds of unfitness to perform his duties…

48n Article 48n

By way of derogation from the period of 6 weeks referred to in Article 48m, paragraphs one and two, a period of thirteen weeks shall apply until a…

48o Article 48o

The regulations or rules established pursuant to Article 47, paragraph 1, insofar as they concern the provisions contained therein regarding…

48p Article 48p

Pursuant to regulations or rules based on Article 47, paragraph 1, a derogation from Articles 48j up to and including 48o may be made in favour of…

48q Article 48q

The performance of duties as a police officer as referred to in Article 2, under (a), (b) or (c), is only possible if there is no objection thereto…

48r Article 48r

The person concerned who intends to perform activities as referred to in Article 48q, paragraph 1 or 4, shall be subject to an investigation into…

48s Article 48s

By or pursuant to an Order in Council, activities shall be designated that may pose an increased risk to the integrity of the police.

48t Article 48t

Insofar as it is necessary for a proper assessment in the context of the investigation into reliability, the competent authority or, as the case may…

48u Article 48u

The investigation into reliability shall only be initiated after the competent authority for appointment, suspension and dismissal, or the chief of…

48v Article 48v

The competent authority or the chief of police, respectively, exercises continuous supervision over:

48w Article 48w

The official, as referred to in Article 48v, paragraph 1, under a, shall report to the competent authority any change in facts or circumstances of…

48x Article 48x

The competent authority or the chief of police, respectively, may, if facts or circumstances become known to them that justify a renewed…

48y Article 48y

The Chief of Police shall require the police officer who possesses a certificate of conduct in compliance with Article 48q, paragraph 2, and the…

48z Article 48z

The competent authority or, as the case may be, the chief of police is the controller, as referred to in Article 4, point (7), of the General Data…