Military civil service law

The special legal status of military personnel

Their position within Dutch law is unique. They have special rights and obligations, as well as their own legal status, which is strongly influenced by the specific nature of their work. For the sake of the armed forces' mission, they can be deployed anywhere in the world. This sometimes involves restrictions on personal freedoms. For instance, they are not permitted to exercise the right to strike, as set out in the Constitution.

Their legal status is primarily governed by the Defence Personnel Act (Wad) and the General Military Personnel Regulations (AMAR). These regulations contain provisions on the following:

appointment and swearing-in;
training and job assignment;
leave and career development;
promotion and deployment;
disciplinary measures and dismissal.

Additionally, the AMAR regulates the imposition of legal measures, such as negative official reports or dismissal for misconduct, as well as disciplinary measures, such as suspension.

Objection, appeal and provisional relief.

When a decision affecting the legal status of military personnel is made—for example, in the case of disciplinary measures such as dismissal—the person concerned has various legal remedies at their disposal.

Opinion: before a decision is taken, the military personnel can respond in writing or orally to an intention to take that decision. This opinion is taken into account in the final decision-making process.

Objection: if there is a change in the legal position of the military personnel, for example if they are dismissed for misconduct, an objection can be lodged with the administrative body within six weeks of the decision being announced. If the military personnel are abroad on duty, a longer period of thirteen weeks applies for lodging an objection.

Appeal and higher appeal: if the objection is rejected, the military personnel can appeal to the administrative court and then to the Central Appeals Tribunal.

Submitting an objection or appeal does not have suspensive effect. To prevent a decision from already being implemented, the military personnel can apply to the administrative court for a provisional measure. This does require an urgent interest.

Integrity and social safety within the Ministry of Defence

In recent years, there has been an increasing focus on integrity, social safety and professional conduct within the Ministry of Defence. The Ministry of Defence's Central Integrity Organisation (COID) investigates reports of possible integrity violations. Additionally, the Commission on Undesirable Conduct (COG) handles complaints of undesirable conduct as defined in the Ministry of Defence Complaints Procedure.

The results of such investigations may ultimately lead to disciplinary or legal measures, or – in the case of a criminal offence – to a report being made to the Public Prosecution Service.

Our lawyers assist military personnel subject to investigations by the COID or COG, supporting them at every stage of the process, from the initial report to objection and appeal procedures.

Our specialists in military civil service law can provide assistance.

Are you a member of the military seeking legal advice on your position, or facing an investigation within the Ministry of Defence? Our lawyers specialising in military civil service law are here to help. They have in-depth knowledge of the complex regulations surrounding the legal position of military personnel. We can assist you during hearings and objection procedures, as well as in higher appeal cases and investigations by the COID and COG.

You are welcome at our office in The Hague, but we assist military personnel throughout the Netherlands and beyond.