Chapter 4: Council of State, Court of Audit, National Ombudsman and Permanent Advisory Colleges Constitution of the Netherlands

chapter 4 covers other high councils of state apart parliament. important of these council of state (raad van state). proposal of law in broadest sense , proposed treaty in principle first submitted council of state legal comment; can limited formal law, trivial cases (article 73). though officially such comment merely advice, rare law proposals remain unchanged if judgment of council negative. council seen guardian of legislative quality; no minister can ignore opinion without dire effects on own reputation. council in fact codetermines legislative process. council acts highest court administrative appeal (subarticle 2 , 3); has final on way country ruled, though limited fact such appeals can made on formal or procedural grounds. large influence of council not appreciated external , internal observers. if king unable exert royal authority , there yet no regent, council exerts royal authority (article 38). council officially presided king (article 74); in view of ministerial responsibility in fact on special occasions: current chairman vice-president of council, times journalists called viceroy of netherlands . probable heir becomes member of council when reaches age of eighteen , attend meetings. law can give other members of royal house right attend; in fact determines nor heir have voting powers. members of council, staatsraden, appointed royal decree life (subarticle 2); can dismissed on demand decree, or in cases determined law council itself, , law can determine age limit (subarticles 3 , 4). competence, organisation , composition of council regulated law; delegation possible (article 75). competence may exceed functions indicated in article 73; in case no delegation allowed (subarticle 2). number of staatsraden determined law @ maximum of 29 ordinary members , 50 extraordinary members.

the second court of audit (algemene rekenkamer). task perform financial audits (article 76). members appointed life royal decree shortlist of three, proposed house of representatives (article 77). can dismissed on demand decree or when reaching age determined law (subarticle 2); or dismissed supreme court in other cases determined law (subarticle 3). law determines organisation, composition , competence of court of audit (article 78); delegation possible; may exceed functions indicated article 76; in case no delegation allowed (subarticle 2). in fact court of audit not performs financial audits value money efficiency analyses; reports on effectiveness of governmental policy via performance audits. dutch legal doctrine believes in clear distinction between efficiency , effectiveness reports , reflected in 2 separate types of investigation carried out. budget such alway officially approved, comments when irregularities have been discovered; these have remedied special law. effectiveness reports, carried out in great detail, in full independence , without slightest regard political sensitivities, have given court of audit large political influence, more british national audit office.

the third national ombudsman, relatively new function; may investigate own initiative or on request of anyone, actions of state bodies or other governmental bodies indicated law; indication can delegated (article 78a). ombudsman , substitute appointed house of representatives period of time, determined law. in case dismissed house of representatives on demand , when reaching age (subarticle 2). law determines competence of ombudsman , way proceeds; delegation allowed (subarticle 3). competence may law determined exceed given in subarticle 1; delegation allowed (subarticle 4) — in contrast arrangement given council of state , court of audit.

the constitution has general article 79 founding establishment of other advisory bodies, permanent advisory colleges . law regulates organisation, composition , competence of these bodies (subarticle 2); other competences mere advisory ones may attributed law (subarticle 3); in both cases delegation allowed. there used great many of these advisory bodies; after 1996 number brought few economise. advice of bodies indicated in chapter 4 in principle public; law regulates way published; delegation allowed (article 80); submitted states general (subarticle 2).