Toespraak van minister van der Steur bij de viering van het 50-jarig bestaan van het T.M.C Asser Instituut

Toespraak | 02-12-2015

President Hirsch Ballin,

Ladies and gentlemen,

It is a true pleasure to address you today in the beautiful surroundings of the Peace Palace.

Every time I look at this magnificent building, I am reminded of architect Johan van der Steur, a distant family member, who had the honour of working on this building.

My closer family members did not pursue careers in architecture, but in tailoring.

As we all know: a profession in which the fruits of labour have a lifespan that is considerable shorter...

Anyway: The location perfectly suits the occasion of our gathering.

The celebration of the T.M.C. Asser Institute.

A renowned inter-university institute.

Active in the field of international and European law.

And with a keen eye for combining high quality academic research with projects aimed at legal practitioners.

It is precisely this, that ensures a linkage between legal theory and the more ‘down to earth’ everyday practice.

It is precisely this, what has earned the Asser institute its reputation over the past five decades.

And it is precisely this, why I, as a minister of Security and Justice, am very pleased that an institute like this exists in the Netherlands.

I believe this linkage between theory and practice is very much in line with the ideas of Tobias Asser himself as well.

Having finalised his studies in Leiden, he became a lawyer in Amsterdam.

Only two years later, he accepted the nomination to become a professor at what is now called the University of Amsterdam.

While being a law professor he maintained his law practice as he did not want to loose touch with legal practice.

And if you allow me, dear Ernst, you as the current President of the Asser Institute symbolise again the combination of academia with practical experience.

Ladies and gentlemen,

I value this combination of high-quality academic research and trainings you organise for legal practitioners.

Only last week your institute organised a Rule of Law training aimed at strengthening the capacity of the judiciary of Montenegro.

Several of my own civil servants participated in this training.

Such activities are of great importance to my ministry.

Not just because it is good for Montenegro and its citizens.

But also because Montenegro is one of the EU candidate member states.

And so, a strong judiciary in their country, is important for the Netherlands and for Europa as a whole as well.

The beautiful book ‘Fundamental Rights in International and European Law’ may serve as an example of the high-quality academic research that is performed within the institute.

I would like to congratulate the editors and the Institute’s Academic Director, Janne Nijman, for such a topical subject-matter.

It is tempting to relate the issue of fundamental rights with some of the policy challenges that my ministry faces.

One challenge that I cannot avoid mentioning is the relationship between fundamental rights and the fight against terrorism.

The outrageous show of violence in the streets of Paris, the closed shops and empty schools of Brussels, and the heightened security measures all over Europe, remind us we are dealing with severe threats.

Some would argue that protecting a state against the scourge of terrorism outweighs the protection of individual rights and freedoms.

Some would argue that a state, based on the Rule of Law and the protection of human rights, can only exist if the integrity of the state as such is guaranteed.

And some would argue that the integrity of a state and the corresponding national security is a conditio sine qua non for the existence of any state.

In their view, the protection of the state is even more fundamental than the protection of individual rights and freedoms.

In short:

The interests of the collective outweigh the interests of the individual.

The preservation of the state outweighs the preservation of the state based on the Rule of Law.

And security outweighs the protection of human rights.

As a liberal politician who believes citizens must be protected against terrorism, but also against the arbitrariness of the state, I am convinced we need a more nuanced approach.

Of course, I consider terrorism to be a direct attack on the integrity of our state.

On the stability of our state.

And on our way of life.

And I also believe that the rule of law and human rights are best protected against the evils of terror, violence and extremism, when the state of our national security is strong.

But, we must beware:

A victory over terrorism can no longer be considered a victory when human rights are sacrificed.

A victory over terrorism can no longer be considered a victory when the constitutional state is eroded.

And a victory over terrorism can no longer be considered a victory when the Streitbare Demokratie is merely “streitbar”.

Ladies and gentlemen,

These are some of the challenges we face today.

But the proper respect of fundamental rights is of importance to any government for a variety of reasons.

Let me name a few.

First, internal stability within a country can only be achieved if basic human rights standards are complied with by all state institutions.

Groups of individuals which are systematically disadvantaged will rebel against the powers in charge, resulting in societies in which true harmony is not achievable.

Second, respect for fundamental rights is essential for economic growth. Who wants to invest in a country if your investments are uncertain because there is no Rule of Law?

And a final, third, consideration relates to international peace and security.

For most countries in Europe war is something of the distant past.

But at the borders of Europe, the fragility of peace or even disrespect for ius cogens is still very tangible.

In that respect I am sure we are all looking forward to the inaugural lecture that will be delivered in a few minutes by the esteemed Professor Weiler.

Ladies and gentlemen,

Promoting respect for fundamental rights is not only a moral heritage of European culture, it still serves many practical purposes which are to easily overlooked in the current discours.

Let me conclude by offering my official congratulations to the Asser Institute, 50 years young.

And it will be my great pleasure to pass the floor to Janne Nijman to introduce our guest of honour.

Thank you very much.