Court: Exclusion of Foreigners from Coffee Shops is Allowed

Based on Dutch law, municipalities are allowed to forbid 'coffee shops' (cannabis bars) to admit foreigners, the Council of State ruled yesterday in a verdict on the closure of a coffee-shop by the Maastricht city council.

Infringement of the European right to free movement of services is permitted in order to combat drugs tourism and nuisance. And for the indirect distinction by nationality, objective and reasonable grounds exist under the constitution, according to the Council of State. "The mayor has made a convincing argument that drugs tourism disturbs public order in the city and that the criteria used can be a solution for this problem."

The cabinet has for some time been looking out for the ruling by the Council of State, the highest administrative court. It wants to enshrine in the law that no coffee-shop in the Netherlands can serve non-residents of the Netherlands. The shops must decide to become clubs of which only Dutch nationals or those legally living in the Netherlands can become a member - providing they are aged at least 18.

The introduction of this policy can go ahead following the Council of State ruling, said a security and justice ministry spokesman yesterday. "The Council underlines the fact that the European law and the constitution leave space for the specification that only residents of the Netherlands can be clients of a coffee shop."

The Council of State also ruled yesterday that municipalities could only impose sanctions on coffee shops that cause nuisance by reference to national legislation. Closure of a shop on the basis of a local regulation (APV) is not possible.

From: www.nisnews.nl