Chapter 3: States General Constitution of the Netherlands

§1: organisation , composition

article 50 states there states general , these represent whole of people of netherlands. clear distinction made situation under confederal dutch republic when states general represented provinces. doctrine holds article entails political parties have give priority public interest, opposed particular interests of constituents. article 51 specifies states general consist of house of representatives of netherlands (lower house), second chamber of 150 members , senate (upper house), first chamber of 75 members — constitution deliberately mentions house of representatives first emphasize political primate. subarticle 4 mentions both houses can gather in indivisible united assembly of 225 members, joint session necessary perform acts, such appointment of new king in absence of royal heirs. when in united assembly president of senate president of states general (article 62); house of representatives has tried change in revision of 1983 has twice been defeated senate defending privilege. houses sit 4 years (article 52). elected on basis of proportional representation (article 53) , secret ballot (subarticle 2). house of representatives elected dutch citizens on age of eighteen (article 54), except have been disqualified court sentence part of punishment crime or have been declared incapable court because of insanity (subarticle 2). formal law can limit right vote resident nationals presently not. senate elected states provincial (article 55).

to eligible elected necessary of dutch nationality, on eighteen in age , not have been excluded right vote (article 56); there incompatibilities of function (article 57), important of minister not belonging demissionary cabinet cannot member of states general, stark contrast situation in united kingdom or germany. principle underlies political dualism of dutch politics. houses investigate letters of credence of new members, in case written affirmation central voting office have indeed obtained necessary number of votes. after investigation new members swear 4 oaths: oath of purification, oath of allegiance constitution , oath of loyal discharge of office demanded article 60; oath of loyalty king , statute demanded article 47 of statute of kingdom, higher constitution of realm. other issues pertaining elections regulated formal law; delegation possible (article 59).

each house appoints own president members (article 61) , clerk, not own members; no officials of states general may member of states (subarticle 2). law regulates remuneration of members; delegation possible; such law can approved two-thirds majority (article 63).

article 64 states government can dissolve each house royal decree. within 3 months elections have held (subarticle 2). duration of new house of representatives after dissolution determined law , not exceed 5 years (subarticle 4). dissolution takes effect when new house meets, avoid period without representation. dissolution of parliament in 19th century instrument government decide conflict house of representatives submitting issue voter. unwritten law developed between 1866 , 1868 should not done more once on same issue. last instance occurred in 1894. in 20th century such conflict resolution replaced crisis resolution whenever political coalition fell apart , not reconciled; government resigns , instead of trying find new coalition majority, decides on holding new elections, in accordance wishes of parliament itself. earlier typically interim cabinet formed arrange elections, hasn t happened since 1982.

§2: procedures

article 65 states parliamentary year opened on third tuesday of september (prinsjesdag) king holding speech throne. same day minister of finance presents yearly national budget. sessions of states general public (article 66), session secret (in camera) when house in question decides (subarticle 3) can proposed tenth of quorum or president, on proposal doors closed vote (subarticle 2). there quorum of half start session or take decision (article 67). decisions taken majority (more half of votes, subarticle 2) , without mandate (subarticle 3) — reference situation under republic when each delegate had vote on instruction nobles or city councils represented. on demand of single member vote must oral , roll call; no member may abstain.

the states general have absolute right information government in writing or in person, constitutionally limited state interests, such national security (article 68). doctrine holds there can natural impediments justifying minister fails in answering questions, such circumstance doesn t know answer, has answered or answer more issuing written report on question. doctrinal limitation ministerial responsibility: minister not obliged give information subject not responsible colleague. government members have access sessions , can freely partake in discussions (article 69); can invited houses (subarticle 2). such invitation in fact order: government members not @ liberty refuse. have right invite expert assist them in discussions (subarticle 3). persons partaking in deliberations of parliament or in parliamentary commission meetings have legal immunity regarding communication made, either in speech or in writing (article 71). otherwise members have no parliamentary immunity.

the states general have right of inquiry (article 70). can majority vote empower commission in public or secret hearings can investigate subject. person in realm obliged appear , answer questions; crime not obey. right can limited formal law; delegation possible. sixteen such inquiries have been held since 1848, 1 of them, events in second world war, lasting 1947 till 1956.

the houses each determine own rules of procedure (article 72). legislative in netherlands formed parliament , government in cooperation, these rules of procedure not formal laws have sui generis legal status.