The Dutch Cabinet has pushed back its proposal to prohibit law enforcement officers from wearing visible religious symbols after the Council of State warned against the plan, local media reported Monday.
The government put on hold the move to implement a ban on religious symbols, including headscarves, for special investigating officers, known as BOAs, as Justice Minister Foort van Oosten now intends to pursue a formal law before moving forward, Dutch broadcaster NOS reported.
BOAs are law enforcement officers but not regular police officers, as they have limited policing powers.
The delay follows an advisory opinion from the Council of State, which said that restricting the expression of religious belief - protected under Article 6 of the Constitution - requires more than an administrative order.
In its opinion, the body said limits on religious freedom are "permissible" under certain conditions but stressed that such restrictions must be grounded in formal legislation with parliamentary approval.
Any limitation, it added, must also be legitimate, necessary, and proportionate, supported by a detailed assessment of the problem and a review of whether less intrusive options are available.
The ban on religious symbols was part of an outline agreement by Prime Minister Dick Schoof's Cabinet as the government announced its intention to enact the measure in late 2024. Schoof, currently a caretaker premier, is set to be replaced in the coming months.
