Netherlands Flashcards
State form
Constitutional monarchy
From of government
Parliamentary
State structure
Kingdom: Quasi-federal
NL: Decentralized unitary
Head of State
King
Head of government
Kingdom: Durch Prime Minister
NL: Prime Minister
Lower Chamber
Second Chamber
Upper Chamber
First Chamber
Parliamentary motion of censure against executive
Simple vote against PM or minister in Second Chamber
Residual legislative power
Government plus States General
Legislative initative
Government, Second Chamber
Bicameralism: can upper chamber be overridden?
No, both Chambers must concur
Beto against bills by the head of state
No, King cannot act anlone
Concrete const. review of legislation
No
Abstract const. review
No
Constitutional human rights catalogue
Yes
Effect of international treaties
Monism
Supremacy of EU law over national law qualified
No
Countries
Aruba, Curacao, San Martin, NL: Autonomous have their own government, parliament and constitution Art. 41, 42 Charter for the Kingdom
Provinces
BES islands (Bonaire, Saint Eustatius, Saba) –> non EU provinces of the NL Art. 1, 3 Charter for the Kingdom
How are Provinces and municipalities set up?
Set up by statute Art. 123 Dutch Constitution
How is the Dutch territory divided?
Into 12 provinces, which are further subdivided into municipalities ca. 390
How are the provinces/municipalities headed?
Each province has a directly elected parliament.
The municipalities elect municipal councils.
The provincial executive is headed by a King’s Commissioner
Art. 125 Dutch Constitution
Who appoints the King’s Commissioner and the mayor of the municipalities?
The central government Art. 131 Dutch Constitution
Power of the provinces, municipalities
They can regulate their local affairs Constitution but their powers are mostly defined by statutes Art. 124 Dutch
Why are the Netherlands not federal?
Even though, the First Chamber is elected by the members of the Dutch provincial assemblies, Senators do not represent a specific province. Instead they sit in the First Chamber as representatives of their party
Who represent the Chambers?
The entire Dutch people Art. 50 Dutch Constitution
Ministers plenipotentiary
Representatives from oversea countries participate in the Dutch Cabinet meetings Art. 7 Charter for the Kingdom and in lawmaking Art. 14- 18 Charter for the Kingdom and whenever overall Kingdom interests are concerned
What happens if the Kingdom procedures apply?
The institutions act as Kingdom institutions and are named as such: the government turns into the Kingdom Council of Ministers and the advisory Council of State acts in its capacity as Council of State of the Kingdom
States-General
Bicameral parliament compromises of the directly elected Second Chamber and an indirectly elected First Chamber for a term of 4 years Art. 51-55 Dutch Constitution
How many members are in the parliament
The Second Chamber consists of 150 members, the First Chamber of 75 members Art. 51 Dutch Constitution
Criminal liability
Art. 71 Dutch Constitution, Art 17 (3) Charter for the Kingdom
Who can introduce bills?
The government + the King or the Second Chamber Art. 82 Dutch Constitution
To whom are the bills referred?
To the Council of State for advice Art. 73 (1) Dutch Constitution
Who can amend bills?
As long the bill is not adopted by the Second Chamber, itself or the government can make amendments to a bill Art. 84 Dutch Constitution
But the First Chamber can not amend bills but it has an hidden amendment.
What happens after the Second Chamber has passed a bill?
It is referred to the First Chamber Art. 85 Dutch Constitution
Can one Chamber override the other Chamber in the legislative process?
No, a bill needs to pass both Chambers to be adopted Art. 87 Dutch Constitution
Who has a veto power?
Since bills require bicameral approval, the First Chamber has the power of absolute veto.
What is an hidden amendment?
The First Chamber can indicate that it expects the bill to be changed before it will approve it. The government may then introduce a novelle in the Second Chamber
What is a novelle?
After the bill passed the second chamber it goes to the first chamber. If the first Chamber wants to have the bill changed they can indicate that it expects the bill to be changed before it will approve it —> The government then introduce a „novelle“ (a supplementary amendment) in the Second Chamber while the bill is actually already before the First Chamber —> If the Second Chamber passes the supplement, the First Chamber may adopt the bill including that supplement
Who signs Bills?
The King and countersigned by cabinet members in order to enter into force Art. 47 Dutch Constitution
Who can declare war?
Declaration of war may only be issued after prior consent of the parliament: Two chambers of the States-General deliberate and decide in a joint session
Military Missions abroad
The government has to provide the parliament in advance of all necessary information Art. 100 Dutch Constitution
Emergency situations
An emergency situation is announced by the government and to be submitted to parliament Art. 103 Dutch Constitution
Is a referendum possible?
Yes, but its does not overrule or amend the legislative process.
Process of referendum
After the adoption of a law citizens may initiate a request for a referendum to be held (300.000 signatures needed). If the outcome is positive the law will enter into force. If the voters are against the law, and the voter turnout is above 30% of the electorate a legislative proposal will have to be submitted by the government. But the Parliament can kill the proposal.
How is the Prime Minister appointed?
By royal decree Art. 43 Dutch Constitution
–> Chosen by the King:
1. advice from council of state, Presidents of two Chambers, leaders of parties
2. appoints informateurs which has informal talks with political parties for a coalition
3. appoints a formateur (future PM) with the task to form a cabinet
If he succeeds he is appointed as PM by King
Cabinet
Ministers + secretaries are appointed by royal degree Art. 43 Dutch Constitution and responsible to parliament Art. 68 Dutch Constitution
Minister accountability
- not regulated by constitution but by custom
- cabinet has to rely on a majority in Second Chamber
- Responsibility of government action is borne by ministers + PM Art. 42 (2) and secretaries Art. 46 (2) Dutch Constitution
Can the parliament be dissolved?
Yes, by royal decree Art. 64 Dutch Constitution
