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UPBUILDING OF THE DUTCH POLICE ORGANIZATION (PART 1)

NCJ Number
64041
Journal
NEDERLANDS TIJDSCHRIFT VOOR CRIMINOLOGIE Volume: 18 Dated: (JUNE 1976) Pages: 119-130
Author(s)
C FIJNAUT
Date Published
1976
Length
12 pages
Annotation
THE REORGANIZATION OF THE DUTCH POLICE AFTER 1945, THE DOCUMENTS IMPORTANT IN IMPLEMENTING THAT REORGANIZATION, AND THE CONCEPTS UNDERLYING THE REORGANIZATION ARE EXAMINED IN THE FIRST PART OF A TWO-PART SERIES.
Abstract
THE POLICE REGULATIONS OF 1945 CONSIDERABLY SIMPLIFIED THE POLICE ORGANIZATION IN COMPARISON TO THE PREWAR POLICE STRUCTURE. A NUMBER OF OVERLAPPING POLICE CORPS WERE REPLACED BY LOCAL POLICE DEPARTMENTS, THE NATIONAL POLICE CORPS, AND THE ROYAL CONSTABULARY, WHICH ATTENDS TO MILITARY MATTERS. THE MINISTER OF JUSTICE WAS TO HEAD THE NATIONAL POLICE AND THE MINISTER OF INTERNAL AFFAIRS CONTROLLED THE LOCAL DEPARTMENTS. ALTHOUGH THE RESOLUTIONS IMPROVED POLICE ORGANIZATION, THEY CREATED CONFLICTS IN THE ROLES OF THE MINISTERS IN CHARGE AND IN THE RESPONSIBILITIES OF THE LOCAL AND NATIONAL POLICE. THE NONPARLIAMENTARY ORIGIN OF THE RESOLUTIONS WAS ALSO CRITICIZED. THE LANGEMEIJER COMMISSION (1948) WAS APPOINTED TO RESOLVE THE CONFLICTING VIEWS. ACCORDING TO THE MAJORITY PROPOSAL OF THE COMMISSION, THE RESPONSIBILITY OF THE POLICE IS THE ACTUAL MAINTENANCE OF ORDER ACCORDING TO LAW. POLICE RESPONSIBILITIES ARE VARIED BUT STILL FORM A FUNCTIONAL UNIT. IN PERFORMANCE OF THEIR RESPONSIBILITIES, POLICE ARE DEPENDENT ON THE ADMINISTRATIVE AND JUDICIAL AUTHORITIES AND MUST CONFORM TO THE LEGAL ORDER OF THE STATE. TO ACHIEVE THESE ENDS, THE MAJORITY OF THE COMMISSION FAVORED IMPLEMENTATION OF A NATIONAL POLICE ORGANIZATION, BUT DID NOT CONSIDER THIS SOLUTION POSSIBLE. THE COMMISSION REJECTED DIVISION OF POLICE FUNCTIONS AMONG SEVERAL POLICE CORPS, PREFERRING THE LOCAL-NATIONAL TERRITORIAL DIVISION INSTEAD. THE TWO MINISTERS WERE TO CONTINUE TO SHARE RESPONSIBILITY FOR POLICE OPERATIONS. HOWEVER THE PROBLEM OF COORDINATING THE EFFORTS OF THE ADMINSTRATIVE AND JUDICIAL REPRESENTATIVES REMAINED UNRESOLVED. ON THE WHOLE, THE COMMISSION FAILED TO BREATHE NEW LIFE INTO THE POLICE ORGANIZATION BECAUSE IT BECAME INVOLVED IN A DISPUTE ABOUT CONTROL OF THE POLICE AND IGNORED CRUCIAL QUESTIONS OF STRUCTURE. THE COMMISSION ON THE APPROPRIATENESS OF THE POLICE ORGANIZATION (1951-1952) SOUGHT TO CLARIFY THE RELATIONSHIPS BETWEEN THE ADMINISTRATIVE AND THE JUDICIAL AUTHORITIES AND BETWEEN LOCAL AUTONOMY AND CENTRAL CONTROL. IN THIS CASE, TOO, THE DECISIONS ABOUT POLICE ORGANIZATIONS WERE NOT BASED ON THE STRUCTURE OF SOCIETY AND THE POSITION OF THE POLICE WITHIN THAT SOCIETY OR ON THE POLICE-PUBLIC RELATIONSHIP BUT ON THE VIEWPOINT THAT POLICE ORGANIZATION IS DEPENDENT ON THE GIVEN POLITICAL-BUREAUCRATIC STRUCTURE OF THE COUNTRY.