Nico van Eijk, chairman of the Intelligence and Security Service Regulatory Commission (CTIVD), has resigned his position. The mutual relations in the current composition are so disrupted that longer cooperation is not an option. The cabinet has asked the Raad van State to start the appointment procedure for a new chairman in the short term.
So writes outgoing General Affairs Minister Mark Rutte in a letter to the House of Representatives (1).
The CTIVD is a committee that monitors whether the General and Military Intelligence and Security Services (AIVD and MIVD) comply with the rules set out in the Intelligence and Security Services Act (Wiv 2017). This law describes what powers security services have to safeguard the national security of the Netherlands. Among other things, it states that the services may intercept and process Internet traffic, but also under what circumstances they may hack computers and information systems and when they may share information with foreign information services.
The AIVD and MIVD are not allowed to use their powers indiscriminately. This happens under the strict supervision of two commissions: the CTIVD and the Toetsingscommissie Inzet Bevoegdheden (TIB). The CTIVD examines how the Wiv 2017 works out in practice and whether adjustments are needed. The TIB reviews the legality of the deployment of powers available to the security services.
If the committees judge that citizens' privacy is not unnecessarily and disproportionately violated, the Minister of the Interior and Kingdom Relations, the Minister of Defense or the Minister of General Affairs authorizes the security forces to use their powers.
The Ministry of General Affairs was recently informed about the departure of Chairman Nico van Eijk. In a letter to the Lower House, Prime Minister Rutte writes that 'disturbed relations' are the reason for this. According to him, it is not possible to continue in the current composition of the CTIVD. "This has led to the agreement that the current chairman will step down from the CTIVD," Rutte said.
The prime minister promises to appoint an interim president in the near future. In addition to the House of Representatives, the Vice President of the Raad van State, the President of the Supreme Court of the Netherlands and the National Ombudsman are involved. The last three parties are also called the Committee of Recommendation.
The CTIVD consists of four members and is appointed by Royal Decree. The appointment procedure requires a nomination consisting of at least three people for a vacancy. The ministers concerned, the House of Representatives and the Committee of Recommendation then select the most suitable candidate for the position. The selected candidate is appointed by the Crown.
Prime Minister Rutte has asked the Raad van State to start the appointment procedure as soon as possible and to convene the Commission of Recommendation. In order to continue the continuity and performance of the CTIVD's statutory duties, the chairmanship will be assumed by the longest-serving member in the interim.
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