Chapter 7: Provinces, municipalities, water boards and other public bodies Constitution of the Netherlands

the netherlands form decentralised unitary state, meaning although state not federation, bodies have autonomous power of regulation, either based on territorial division or on functional division.

article 123 states provinces , municipalities can established , abolished formal law, hereby indicating 2 levels of territorial division. twelve dutch provinces still largely coincide medieval predecessors, exception of flevoland, , north , south holland, created in 1815 holland; municipalities have been decreased in number. formal law regulates changes in boundaries, delegation allowed (subarticle 2).

article 124 states main principles of decentralisation: provinces , municipalities competent regulate , administrate internal affairs (subarticle 1), delegation possible — provinces , municipalities (article 128); nevertheless demands, regulated formal law, can made central government on such regulative , administrative powers; delegation allowed (article 124 sub 2). lower territorial administrative bodies have on 1 hand relative autonomy — on other hand must work within national legal framework, loyally implement national government policy , subject central control. further covered article 132: standard organisation of provinces , municipalities , composition , competence of administrative organs regulated formal law (subarticle 1); how controlled regulated law (subarticle 2); decisions shall subject prior supervision in cases determined law or force of law (subarticle 3); decisions shall quashed royal decree , on grounds violate law (in broadest sense: recht) or conflict public interest (subarticle 4). law in general regulate kind of provisions made if provinces or municipalities fail meet demands of article 124 sub 2 (subarticle 5). taxes may levied provinces , municipalities , financial relationship state, determined law (subarticle 6).

article 125 indicates main administrative organs of lower territorial administrative bodies: in case of provinces these states-provincial; municipalities administrated municipal councils. sessions public, except in cases regulated formal law; delegation allowed (subarticle 1). sessions of states-provincial presided commissioner of king, of municipal councils mayor (subarticle 3). commissioner of king part of provincial administration deputised states; mayor part of municipal administration, college of mayor , aldermen (subarticle 2). in system administrative organs exert function of both executive , legislative (article 127); however, form daily administration appoint deputised states (for provinces) or colleges of mayor , aldermen (municipalities). in 2002 system underwent major revision aldermen (wethouders) , states deputised no longer allowed members of municipal councils or states provincial respectively. makes function designation misnomer, although etymology of word wethouder or deputised no longer commonly understood. commissioner of king , mayor officials, appointed royal decree (article 131). proposed revision introduce elected mayor, rejected senate. mayor has legal executive powers of own, regarding protection of public order, these have no direct constitutional basis, delegated national legislator. article 126 states, however, formal law may determine instructions regarding office may given commissioner of king national government. cases of gross neglect of administrative duty, formal law regulate kind of provisions made in deviation of articles 125 , 127 (article 132, sub 4)

the members of states-provincial , municipal council directly elected constituents. conditions of right elect , elected same regarding elections of house of representatives (article 129 sub 1). however, formal law may give inhabitants of municipalities, not have dutch nationality, right elect, , elected in, municipal council, if meet other conditions (article 130). right has indeed been given categories of foreign nationals, e.g. citizens of european union. elections take place within system of proportional representation (article 129 sub 2); vote secret , organisation of voting regulated law (subarticle 3). term of states-provincial , municipal council 4 years, unless formal law determines otherwise (subarticle 4) law determines possible incompatibilities of function, , may determine family ties, marriage or commission of acts indicated such law may lead loss of membership (subarticle 5). e.g. membership of municipal council incompatible of council of ministers; lawyer lose membership of municipal council if represents municipality in court. members vote without mandate (subarticle 6). reference situation under republic when members of states of province voted on instruction city councils represented.