Chapters Constitution of the Netherlands

1 chapters

1.1 chapter 1: basic rights
1.2 chapter 2: government

1.2.1 §1: king
1.2.2 §2: king , ministers


1.3 chapter 3: states general

1.3.1 §1: organisation , composition
1.3.2 §2: procedures


1.4 chapter 4: council of state, court of audit, national ombudsman , permanent advisory colleges
1.5 chapter 5: legislation , administration

1.5.1 §1: laws , other prescripts
1.5.2 §2: other prescripts


1.6 chapter 6: administration of justice
1.7 chapter 7: provinces, municipalities, water boards , other public bodies
1.8 revision of constitution

chapters
chapter 1: basic rights

chapter 1 bill of rights. there no normative hierarchy indicated constitution: basic rights principally equal in value , importance. rights absolute, can limited parliamentary or formal law, many can limited delegation of limiting powers. include:

equality before law , prohibition of discrimination (article 1). article forbids discrimination on grounds allows affirmative action. right can limited law, if there objective, reasonable justification restricting it. in case, court decide if law suitable, necessary , in proportion reach purpose of law. article 3 stipulates citizen eligible public function. nationality based on article 2.
the right vote (article 4). right can limited formal law; no delegation allowed.
the right of (written) petition (article 5). ancient right absolute , cannot limited law. right of petition has long tradition in netherlands; indeed dutch war of independence started after petition had been rejected habsburg authorities, noble petitioners having been contemptuously treated beggars (geuzen). constitution of 1815 limited ancient right written petitions, hoping curtail typical disorder created large groups of delegates. nevertheless, such public mass petitioning has remained popular. right of petition not imply accompanying right answered, in practice public bodies have special commissions that. petitions directed king, although system of ministerial responsibility makes impossible him take action himself; secretarial cabinet relegates such petitions relevant ministries.
freedom of religion (article 6). right can limited formal law; delegation possible.
freedom of speech (article 7). article has been partially changed in 1983 revision, linked complicated case law. subarticle 1 contains classic freedom of press. censorship absolutely forbidden. however, formal law can otherwise limit freedom, e.g. making content punishable under penal law. such limiting powers cannot delegated lower administrative bodies such municipalities; related right of distribution of printed materials can limited formal law. however, supreme court has nevertheless ruled since 1950 such bodies may in fact limit distribution of materials, if such limitation not based on content of materials , not imply complete impediment separate means of distribution. may instance limit spreading of pamphlets hours reasons of public order. subarticle 2 has same arrangement television , radio broadcasts. subarticle 3, added in 1983, gives general right of expression, cases neither printed nor broadcast information involved; includes freedom of speech. again, no censorship ever allowed, right can otherwise limited formal law; explicitly mentioned in subarticle 3 possibility limit viewing of movies minors under age of sixteen. although no delegation possible, lower bodies may limit exercise of right reasons of public order if such limitations not based on content of expressed views. subarticle 4 states commercial advertising not protected article 7. dutch constitution not contain freedom of gathering of information.
freedom of association (article 8). right can limited formal law, safeguard public order. no delegation allowed. organization posing conceivable danger public order in broadest sense forbidden still extant wet vereniging en vergadering ( law of association , assembly ) of 1855, law leads official disbandment of organization legal entity under civil code. dutch legal doctrine holds freedom of association not protect against forced membership of organizations, e.g. when such membership condition being active in profession.
freedom of assembly , freedom of demonstration (article 9). revision of 1983 split old combination of freedom of assembly , association , added former new freedom of demonstration. right can limited formal law. delegation allowed protect public health, traffic concerns , prevent public disorder.
right privacy (article 10). right, introduced revision of 1983, general right protected whenever personal integrity threatened. right can limited formal law. delegation allowed, in relation databases. article imposes duty on government protect against threat privacy posed possible abuse of databases (subarticle 2); , regulate right of persons informed content of such databases concerning person , right improve possible mistakes in such content (subarticle 3).
inviolence of (human) body (article 11). right, introduced revision of 1983, can limited formal law; delegation allowed. right subspecies of general right personal integrity expressed in article 10, no dichotomy intended between 2 concepts. protects against violations forced medical experiments, corporal punishment, torture , mutilation. not end death , demands legal basis organ donation.
prohibition of unlawful entry of home when no permission of inhabitant has been obtained (article 12). although presented general right of home , article in fact more based on principle authorities have fundamental right enter homes, must given legal basis. law has indicate in case , persons entry legal. delegation allowed. dutch courts tend give precedence practicality of police investigation, article has had little protective value.
secrecy of communication (article 13). subarticle 1 contains privacy of correspondence. can violated on order of judge , in cases indicated formal law. no delegation allowed. judge in question court in practice investigative judge (rechter-commissaris). dutch penal code offers further protection of right several types of violating punishable crimes. subarticle 2 contains privacy of communication telephone , telegraph. right can limited law; such law has indicate persons have authority allow violation. no delegation allowed. cases again investigative judge has competent authority. since nineties there doctrinal consensus right extends cell phone communication, earlier contended. in practice dutch police taps telephone communication @ will, irrespective of authorisation , full cooperation of telephone companies. although situation embarrassing constitutional point of view, authorities , courts hesitant act against it, reasons of practicality. however, has been ruled information gained cannot admissible evidence in court.
prohibition of unlawful expropriation (article 14). dutch constitution contains no general right property. has been defended successive governments argument such right fundamental dutch society redundant explicitly mention it. expropriation allowed serve public interest , on condition prior formal assurance given of (full) indemnity, meaning exact sum has determined. has based on law; delegation allowed, regards indemnity determination procedure, not expropriation such. subarticle 2 states, however, in emergency situation prior assurance has not given — in cases amount of compensation determined later. subarticle 3 extends arrangement cases of destruction, partial damage, total loss , limitations of right property, caused competent authority serve public interest. normal cases of damage ruled civil code.
right liberty (article 15). right can limited formal law. delegation allowed since revision of 1983. subarticle 2 safeguards access competent judge detained; judge has power order release of detainee, in common law habeas corpus doctrine. in fact relevant laws order authorities obtain approval judge within time limit, deny detainee access own initiative until limit has been reached. subarticle 3 contains penal law obligation of authorities ensure trial takes place , finished within reasonable period of time. right cannot limited law. in fact dutch penal code contains loopholes making possible delay trials indefinitely. subarticle 4 states basic rights of detainee can limited in interest of detention.
nulla poena sine praevia lege (article 16). fundamental principle of legality, present in penal code , introduced constitution in revision of 1983, absolute , cannot limited law. however, @ same time, additional article ix added constitution making exception war crimes , crimes against humanity.
ius de non evocando (article 17). ancient right states no 1 can against kept competent court. cannot limited law — law decides court competent.

in addition these classic rights revision of 1983 introduced number of social rights. distinction between 2 categories not strictly based on legal doctrine , in fact social right articles contain many freedom rights. social rights are:

right counsel (article 18). subarticle 1 contains freedom right: has right legally assisted or represented in court or during administrative appeal. right absolute , cannot limited law. nevertheless, law may impose qualification requirements on legal representatives e.g. attorneys allowed represent. subarticle 2 contains right legal aid destitute. right can limited formal law; delegation allowed. however, doctrine holds state has absolute duty provide minimum of legal aid.
labour rights (article 19). subarticle 1 imposes duty on government ensure sufficient employment. not imply right employed individual. subarticle 2 demands laws made regarding legal position of workers, including protection of workers against accidents , workers participation. subarticle 3 contains general freedom right labour. right can limited formal law; delegation allowed. right limited of dutch nationality, in principle foreign nationals can denied access labour market. law in fact denies such access illegal immigrants , asylum seekers.
welfare of people (article 20). subarticle 1 imposes duty upon government ensure subsistence of population , adequate distribution of wealth. subarticle 2 demands laws made concerning entitlements social welfare. delegation allowed. subarticle 3 contains right welfare destitute. right can limited formal law; delegation allowed. government has duty make law implementing right. right limited dutch nationals living in netherlands.
environmental protection (article 21) article imposes duty on government ensure habitability of land — including general infrastructure , vital sea-defences — , protection , improvement of environment. doctrinal consensus holds improvement implies government not allowed make environmental laws less strict.
health, housing, culture , recreation (article 22). wastebasket article combining rights important remain unmentioned, unimportant warrant separate article status. subarticle 1 imposes duty upon government improve public health. subarticle 2 same living conditions , subarticle 3 cultural self-realisation , recreational activities.
freedom of education (article 23). dutch education system characterized ideological divisions. constitutions of 1814 , 1815 expressed principle of neutral state education; in private schools giving full curriculum religious education forbidden. parents wanting children given formal religious instruction had send them special bible classes in sunday schools. in revision of 1848 freedom of education first expressed. however, negative right: parents @ liberty let children educated in denominational schools, had pay themselves, whereas state schools offered free education. frame of government grew ever more democratic, arrangement proved untenable in gradually becoming more pillarised dutch society. school system became central battleground of political change: school struggle between elitist neutral liberals , conservatives on 1 , mass-oriented confessional protestants , catholics , socialists on other hand. in 1889 system of school funding denominational schools introduced; in revision of 1917 formalised guarantee of full constitutional equality between public , special schools: pacification. in 1983 issue remained sensitive government , parliament failed reach consensus on changed redaction. result, article 23 remained unchanged. therefore outside of uniform terminology , systematics of renewed constitution: elements of article 23 absolute rights, others can limited law, limitation can delegated lower administrative bodies — impossible understand article situation each element; can learned case law , doctrine. absolute right education (subarticle 2), equality between public , special schools , duty of state finance them all. right education right give education of kind; right educated seen derived; parents free in choice of schools. right implies right found schools, right freely choose underlying religion or philosophy of life , right organise them in accordance such religion or philosophy. not special schools denominational; e.g. anthroposophic or platonist. have funded government , strictest equality (subarticle 7); until law stated equality nominal, meaning if municipality spent sum per student in public schools, same sum had spent in special schools. right can limited formal law in minimal quality requirements can imposed (subarticle 5), both regards level of education , standard of organization. of power in fact delegated lower bodies; 1 of breaking-points in 1983 refusal of parliament express in constitution. duty of state (equally) fund limited free compulsory education (presently until age of sixteen); subarticle 7, however, states law specify conditions under non-compulsory education funded; unsurprisingly there in fact in field strict equality. subarticle 1 expresses social right education in general ongoing concern government; subarticle 4 states municipalities have duty provide sufficient primary schools.

chapter 2: government

dutch constitutional doctrine holds king , ministers form government , indivisibly, king in of public acts acting under ministerial responsibility not head of government, embodies fully. king is, however, head of state, , special paragraph dedicated king in quality.

§1: king

article 24 stipulates there kingship , kingship held william of netherlands , lawful successors. articles 25 , 26 regulate line of succession dutch throne; since 1983 female successors have equal rights throne. further articles regulate abdication (article 27); parliamentary approval of royal marriage on penalty of loss of right throne (art. 28); exclusion of unfit possible heirs (art. 29); appointment of successor if heirs absent (art. 30 , 31); oath , inauguration in capital of netherlands, amsterdam (art. 32); age of royal majority @ eighteen (art. 33); guardianship on minor king (art. 34); declaration parliament of king s inability (art. 35); temporary relinquishment of exercise of royal authority (art. 36); regency (art. 37 , 38); membership of royal house (in practice consisting of members of house of orange) (art. 39); payment (art. 40) , organisation of royal household king (art. 41).

§2: king , ministers

article 42 states main principles of dutch government: formed king , ministers (subarticle 1) , king inviolate; ministers responsible (subarticle 2). before 1848 inviolacy of king interpreted judicial one: never tried in court whatever reason. still so, ministerial responsibility implies there since revision of 1848 political inviolacy. means king cannot act in public capacity without ministerial approval: externally governmental policy represented responsible minister who, should feel king s personal influence in threatens become predominant, has resign if cannot prevent it; happens internally between king , ministers crown secret, never divulged. little of nevertheless has come public attention, shows common conception kingship since reign of william iii of netherlands has in fact been ceremonial, not supported facts. assumed there derived ministerial responsibility members of royal house.

the prime minister , ministers appointed , dismissed royal decree (article 43). such decrees signed prime minister himself, signs own appointment , of others (article 48).royal decree institutes ministries (article 44), have tended variable in number , scope, , non-departmental ministers (subarticle 2), officially have no ministry whom in fact assigned necessary personnel , sign , responsible partial budget. ministers form council of ministers (article 45), presided prime minister (subarticle 2), assembles (in fact weekly) promote unity of general governmental policy (subarticle 3). though existing since 1823, council has been mentioned since revision of 1983; constitutional powers such nil. proceedings secret period of fifty years. outwardly council acts if there complete agreement between ministers: so-called homogeneity . royal decree appointed secretaries of state (article 46); these subordinate minister responsible acts (subarticle 2). laws , royal decrees have countersigned responsible minister(s) or secretaries of state (article 47). countersign has been mandatory since revision of 1840. since 1983 such laws , decrees have affirmed signed affirmation; assumed these acts coincide. ministers , secretaries of state have swear oath of purification (declaring not having bribed obtain office, nor having been bribed commit acts when in office) , swear allegiance constitution (article 49).

the individual ministers not have (general) executive power, other attributed them special law.

chapter 3: states general

§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.

chapter 4: council of state, court of audit, national ombudsman , permanent advisory colleges

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).

chapter 5: legislation , administration
§1: laws , other prescripts

the legislative formed government (i.e. king , ministers) , states general in cooperation (article 81), although term legislative not used: article states government , states general make laws. means dutch concept of formal law cannot equated act of parliament , government , parliament act in unison in creating laws. in dutch constitutional system there no decisive referendum, although consultative referenda held, 1 in 2005 in people advised reject european constitution; dutch people not direct lawgiver.

bills presented king or house of representatives, has right of initiative (article 82). bills have presented states general in united assembly (subarticle 2). senate cannot propose law. ministers can in fact act through king sends royal missive (article 83), containing proposal, signed himself, without countersign. house of representatives has right of amendment; government may amend (article 84). senate can pass or reject laws in full (article 85), defended responsible minister or members of house of representatives having taken initiative propose law; however, in practice can send proposal asking novelle passed house of representatives, in fact amendment of law. bills may withdrawn proposer until passed (article 86), majority of house of representatives if bill has been presented members of house of representatives , has been passed house of representatives. bills become valid law once have been passed parliament , have been affirmed king (article 87). assumed fulfills demand of signature article 47. affirmation needs sign , ministerial countersign older royal order has signed , countersigned, ordering publish law in special publication, staatsblad van het koninkrijk der nederlanden (bulletin of acts, orders , decrees of kingdom of netherlands, called bulletin of acts , decrees). after such publication law has external binding force (article 88).

in dutch constitutional system there not formal law; other general governmental regulations recognised, binding citizen; overarching concept called material law . these other regulations other prescripts mentioned in heading of §1. important subcategory of these explicitly mentioned in constitution, in article 89: algemene maatregelen van bestuur, general administrative orders . avoid doctrinal strive on orders covered concept, consensus has developed strict formal definition can applied: general orders made royal decree (subarticle 1) have been submitted council of ministers , council of state , have been published staatsblad, general administrative orders. since second world war doctrinal consensus has gradually developed general royal decrees have conform these conditions valid , earlier practices issue general royal decrees without meeting these 3 formalities — such decrees, general or otherwise, called minor royal decrees — can no longer result in regulations binding force towards citizen. since 1889 constitution determines prescripts penal character have based on formal law , law imposes penalty (subarticles 2 , 4). includes royal decrees , general administrative orders. doctrinal consensus has developed, however, general administrative orders, not penal content, have based on formal law valid, competence regulate delegated such law.

§2: other prescripts

the second paragraph of chapter 5 contains several articles of disparate administrative content; not same other prescripts of §1; redaction of headings seen confusing , infelicitous on point. articles in §2 combined in coherent groups.

the first of these groups consists of articles pertaining international law , treaties. article 90 states duty of government promote international rule of law. netherlands home several international courts. doctrine holds article attributes general right conclude treaties. article 91 states kingdom shall not bound treaty without prior approval of states general, except cases law determines no such approval necessary. such approval may tacit (subarticle 2). despite this, if not either reservation of approval made on conclusion of treaty, or treaty contains ratification clause, treaties according international law binding upon conclusion. article must seen imposing duty upon government arrange such reservation or clause. subarticle 3 determines if treaty conflicts constitution, has approved two-thirds majority of both houses. whether such conflict exists decided states general; article 6 of lower rijkswet goedkeuring en bekendmaking verdragen determines decision has again made special formal law. special implementation law of 1992 treaty of maastricht determines european community decisions having force of treaty have approved parliament prior conclusion itself. treaty legislative, administrative , judicial powers may conferred on organisations established under international law (article 92). has been done on many occasions, e.g. on benelux, european community, united nations, council of europe , nato.

according present doctrine, of treaty monism , treaties in dutch legal system in principle self-executing; no special transformation needed implementing special law, in countries dualistic system (such united kingdom). however, when present articles covering subject last revisioned, in 1953, doctrine divided , defended more dualistic position, of limited monism . demanded constitution neutral on issue , has led infelicitous results. government intended article 93, stating treaties of binding nature have such binding force after had been published, safeguard, protecting citizen against duties imposed on him such treaty. however, limited monists held such published treaties self-executing , article 93 basis treaty monism; appease them government stated article should in case read covering treaties conferring rights on citizen , imposing duties upon government. unintended result government might in principle withhold rights citizen not publishing treaty. article 94 determines legal prescripts inapplicable if conflict treaties of binding nature. means laws can tested against treaty norms , obligations. dutch courts have been reluctant so, limiting cases government has been left no freedom of policy @ treaty, or severe formal , procedural defects. case law complex , contradictory, complicated fact phrase binding nature assumed have same meaning in both articles. article 95 states law regulates publication of treaties or (binding) decisions of international organisations; delegation allowed.

a second group of articles consists of pertaining national security. before revision of 1983 these combined in separate chapter 10; articles such remained largely unchanged in 1983, revised in 2000. article 96 states prior approval of states general necessary government (since 1983 no longer king) declare kingdom in state of war. approval must given united assembly (subarticle 3), embarrassing if house of representatives approved senate withheld approval. if existing war conditions make such approval impossible not required. indeed, approval has little value in case: should noted subject of article not classic declaration of war, such declaration according doctrine might constitute war crime implying war of aggression forbidden international law. simple declarative statement of fact, without legal consequences, war situation has come exist. doctrine of many other nations makes no such distinction. article 97 states defence force exists defend kingdom , interests , maintain , promote international rule of law; subarticle 2 determines supreme authority on defence force exercised government; there no constitutional supreme commander. defence force consists of volunteers , may contain conscripts (article 98). since napoleonic times conscription had been rule , voluntary service exception; has been inverted accommodate creation of professional army in 1997. however, old laws regulating conscription have been suspended, reactivated in case of emergency; given constitutional basis subarticle 2; delegation allowed. provision has remained unchanged article 99, stating law regulates exemption of military service conscientious objectors; delegation allowed. in 2000 new article 99a inserted, law has regulate civil defence; older legal system regulating issue had been largely abolished since end of cold war. delegation allowed. government has inform states general intended foreign deployment of dutch forces outside of defence treaty obligations, protect international rule of law , humanitarian missions (article 100). in emergency situation such information can given after facts. both government , parliament tended present duty kind of implicit approval, parliament in principle force government call off mission, council of state has made clear @ least formally not case. article 101 (mobilisation) has been abrogated in 1995, article 102 (defence budget , prohibition of billeting) in 2000. article 103 states law has determine in cases royal decree may declare state of emergency maintain external or internal security; delegation allowed. powers of lower administrative bodies can limited; basic rights expressed in articles 6,7,8,9, 12 subarticle 2, 13 , 113 subarticle 1 , 3 can infringed upon (subarticle 2). royal decree may end state of emergency. states general decide in united assembly whether state of emergency must maintained, after declaration , see fit afterwards (subarticle 3).

the third group consists of articles pertaining financial issues. imposed taxation must based on formal law (article 104). delegation allowed. however, indicate must done hesitantly, parliament insisted on different terminology: instead of krachtens de wet, phrase uit kracht van wet used; both mean force of law or pursuant law ; second expression puts more emphasis on force of law , on fact delegation derived law. yearly budget on prinsjesdag presented states general, balance sheet approved court of audit (article 105). delegation not allowed. budget debates held house of representatives, separate treatment of each departmental budget , of special interdepartmental budgets; since 1971, senate approves budget formally in exchange full policy debates. article 106 states formal law regulates monetary system. delegation allowed. article has lost relevance introduction of euro in 2002; doctrine holds constitution not demand purely national system.

a fourth , last group of articles pertains judicial issues. article 107 codification article . imposes that private law, penal law , separate procedural laws covering these subjects must indeed formal law , treated in general civil code , penal code, although subject might covered special laws. delegation allowed doctrine holds criminal law (which seen more limited field general penal law) must determined formal law only. means provinces , municipalities cannot create own criminal codes , government cannot make act crime royal decree not based on formal law. administrative law of netherlands complex, deemed impossible incorporate in single code, general rules must covered in general code (subarticle 2) has indeed gradually been done since nineties, great difficulty. article 108 (investigative bodies civil complaints) has been abrogated in 1999. article 109 states position of civil servants, including protection , workers participation must determined law. has yet not been done in general way. doctrine holds civil servants enjoy full protection constitutional basic rights. article 110 imposes duty upon government safeguard formal law sufficient public access information regarding governmental activities. delegation allowed. government not see general right public access information , has been reason not insert chapter 1, interpretation quite popular in doctrine right more resemble freedom right social right.

article 111, last of paragraph, stands alone; determines formal law shall instate honorary royal orders of knighthood. these in fact order of william, order of netherlands lion , order of orange-nassau. not include royal house orders, personal prerogative of king, such house order of orange , later order of crown , order loyalty , merit. each year many thousands honoured constitutional orders.

chapter 6: administration of justice

this chapter regulates dutch judicial system. central subject relation between judiciary , other courts. term judiciary not meant indicate judicial of trias politica, rather purely organisational complex of judicial institutions: courts part of judiciary designated such formal law (article 116). organisation, composition , competence regulated law; delegation possible (subarticle 2). however, 1 safeguard typical of judicial, guarantee independence, characteristic of dutch judiciary: members appointed life (article 117); can resign voluntarily or fired @ age determined law (subarticle 2); present law prescribes age of seventy. other principles, impartiality, not explicitly mentioned in constitution. law regulates extent persons not members of judiciary, partake in rulings; delegation possible (article 116, sub 3). refers (scientific or other) experts on subject, not system of jury trials, absent in netherlands.

article 112 states main principle: power judge disputes of private law , law of obligations exclusively attributed judiciary (subarticle 1); formal law can attribute other judicial powers either judiciary or other courts; delegation possible regards regulation of procedures , implementation of rulings (subarticle 2). doctrine holds competence of court determined nature of legal rule on plaintiff founds claim. implies in administrative disputes citizen can assure legal resort, bringing tort action against state: judiciary competent. article 115 states in cases covered article 112, sub 2, administrative appeal possible. however, not guarantee decision independent court: on 23 october 1985 european court of human rights ruled crown appeal council of state, exclusion highest administrative appeal court, lacked necessary independence. necessitated complete revision of dutch administrative court system, resulting in expanded access independent administrative courts.

article 113 exclusively attributes power judge offences judiciary. however, law can regulate establishment government of disciplinary courts outside of judiciary. delegation possible (subarticle 2). judiciary attributed exclusive right impose punishment entailing deprivation of liberty (subarticle 3). not refer forms of detention not punitive in nature. law may regulate exceptions provisions of article 113 in case of trials held outside of european territory of netherlands or of proceedings of martial law; delegation possible (subarticle 4).

article 114 entails civil right: prohibition of death penalty, included constitutional revision of 1983 after death penalty had been abolished in 1870. article not guarantee, doctrine holds in state of emergency right might suspended unwritten constitutional emergency law; in principle treaty might oblige judge impose death penalty. however, in fact netherlands has ratified sixth protocol of european convention on human rights, containing prohibition , having precedence on other treaty. therefore, since 1986 no dutch judge has formal competence impose death penalty. nevertheless, dutch government might treaty obligated cooperate international tribunal powers impose death penalty, such international military tribunal once was.

article 118 regulates dutch supreme court, hoge raad der nederlanden. members appointed shortlist of three, made house of representatives of states general (subarticle 1). formal law determines in cases supreme court may reverse judgments of lower courts (cassation) violation of law (subarticle 2). supreme court in revision decides points of law, not substantial matters. other duties may attributed formal law (subarticle 3). these other duties in fact include resolving of conflicts of competence between courts, penal trials against judges offences committed in office, disciplinary , advisory tasks , decision in disputes prizes taken dutch vessels. article 119 attributes exclusive right supreme court of trying members of states general, ministers , secretaries of state, whether incumbent or formal, offences committed in office. states such trial instigated either royal decree or decision house of representatives.

article 120 states no judge judge constitutionality of laws , treaties. therefore, no constitutional review of formal laws possible; netherlands lack constitutional court. however, regulations of lower administrative bodies may tested against constitution courts. law may tested against self-executing treaty, though happens.

article 121 states 3 safeguards fair trial: first trials public. second judgments must specify considerations , grounds upon based. third judgment must pronounced in public. exception these principles can made formal law; no delegation possible. article 122 states pardon granted royal decree, on advice court indicated law. formal law regulates procedure; delegation possible. also, amnesty possible special law or force of such law; delegation possible (subarticle 2).

chapter 7: provinces, municipalities, water boards , other public bodies

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.

revision of constitution

there used several additional articles roman numbering; however, except articles ix , xix abrogated.