Reservists

The special role and legal status of reservists

Reservists play a valuable role within the Ministry of Defence. They choose to serve in the armed forces alongside their civilian job or studies.

Their legal status is regulated by the Defence Civil Servants Act (Wad) and the General Military Civil Servants Regulations (AMAR). They are appointed to the reserve personnel of the armed forces and have the status of military civil servants. As soon as they are called up for active service, they are subject to the same rights, obligations and standards of conduct as professional military personnel. This means, among other things, that military criminal law also applies.

The AMAR lists three grounds for the dismissal of reservists. For instance, a reservist may be dismissed if the relevant authority deems it unnecessary to maintain the employment relationship, or if other legal grounds exist to do so.

Objection, appeal and provisional relief

Decisions affecting the legal position of a reservist, such as dismissal, a change of position or disciplinary measures, can be challenged through administrative law remedies.

• Opinion: before a final decision is taken, the reservist is given the opportunity to express his or her opinion. This can be done in writing or orally during a hearing. The content of the opinion is taken into account when the decision is made.

• Objection: An objection to a decision resulting in a change to the reservist's legal position can be submitted to the administrative body that made the decision within six weeks. However, if the reservist is outside the Netherlands for service reasons, the submission period is thirteen weeks.

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

Submitting an objection or appeal does not suspend the effect of the decision. To prevent the decision from being implemented, the reservist can apply to the administrative court for a provisional measure. This does require an urgent interest.

Integrity and conduct within the Ministry of Defence

The Ministry of Defence attaches great importance to integrity, safety and responsible conduct. The Ministry's Central Integrity Organisation (COID) supervises reports of possible integrity violations, while the Undesirable Conduct Committee (COG) investigates complaints under the Ministry's Complaints Procedure.

The findings of these investigations may result in legal action being taken by the commander, or in the case of suspected criminal offences, a report may be filed with the Public Prosecution Service. Such procedures require careful legal guidance, especially since the consequences for a reservist's personal and professional reputation can be significant.

Legal assistance for reservists

Are you a reservist with questions about your legal position, a legal measure imposed on you, or an ongoing investigation within the Ministry of Defence? Our lawyers support reservists involved in integrity or conduct issues, guiding them throughout the entire process, from investigation to objection or appeal proceedings. They have specialised knowledge of military civil service law and extensive experience with the regulations governing the legal position of reservists.