The Dutch government has just banned foreigners from the country’s ‘coffee-shops’ — aka, cannabis cafés. Given how often we’re told that you can’t ban EU members from doing anything, how did they manage it? Basically, it all comes down to residency. If you live there, then you can apply for what’s being called a ‘weed pass’. If you don’t live there, then no dice.
But is it legal for the Dutch government to ban entry to EU citizens in this way? A group of 19 coffee-shop owners decided to go to court over the matter, worried about this potential loss of custom. But a Dutch judge threw out their case, deciding he agreed with the government that the links between drugs and criminality were sufficient to justify the new laws. Free movement of (dope-smoking) people didn’t come into it.
The café owners are now planning on taking their case to the European Court of Human Rights, arguing that this counts as discrimination on the basis of where EU citizens live. Their case will join the 150,000 on the ECHR’s waiting list, so don’t expect an answer any time soon. This is a Chirac-style tactic on the part of the Dutch government: to defy the EU, then when they complain say, ‘Fine — see you in court. In about eight years’ time.’
The weed passes may be bad news for the café owners and their former British clientele. But they are nevertheless a reminder that assertive governments can defy EU protocol when they like, because there is room for manoeuvre.
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