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Netherlands: 'Municipalities Can Exclude Foreigners from Cannabis Cafes'

NIS News

Saturday 17 Jul 2010

Dutch municipalities are allowed to exclude persons not living in the Netherlands from cannabis cafés ('coffee shops'), in the view of the Solicitor-General of the European Court of Justice in Luxembourg.

The Solicitor-General considers the measure admissible to protect public order against the nuisance caused by drugs tourism. According to his advice, the entry ban for drug tourists contributes to the battle against the illegal drugs trade in the European Union.

The Court's advice was sought by the Council of State. The Netherlands' highest administrative court wants to know whether Maastricht municipality, which adopted the measure, was thereby infringing EU rules.

The Council of State has to make a decision on the appeal by an operator of a coffee-shop in Maastricht. He had to close his business temporarily after two people from the EU not living in the Netherlands were found there during a police check-up.

The Solicitor-General points out that drugs, including cannabis, are not trade goods that come under the European rules for free traffic of goods. Trade in narcotics is generally forbidden.

According to the legal expert, the Maastricht measure does not violate freedom to provide a service either, because the sale of cannabis is forbidden in all member states, including the Netherlands - there, the sale of cannabis in coffee shops is only tolerated.

The judges at the Court in Luxembourg are not bound to adopt the advice of the Solicitor-General, but in most cases they do.

http://www.nisnews.nl/public/170710_1.htm

 

 

 

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