| Parliament name (generic / translated) |
Staten-Generaal / States General |
| Structure of parliament |
Bicameral |
| Chamber name |
Tweede Kamer der Staten-Generaal |
| Related chamber (for bicameral parliaments) |
Eerste Kamer der Staten-Generaal / Senate
|
|
POLITICAL SYSTEM
|
| Type of political regime |
parliamentary / constitutional monarchy |
| Notes |
The title to the Throne of the Kingdom of the Netherlands is vested in the legitimate descendants of King William I, Prince of Orange-Nassau (Article 24 of the Constitution). |
| Head of the executive |
Prime Minister |
| Notes |
Government comprises the King and the ministers (Article 42 of the Constitution). The ministers together constitute the cabinet, which is chaired by the Prime Minister. The cabinet considers and decides upon overall Government policy and promotes the coherence thereof. |
| Method for appointing the executive |
The title to the Throne is hereditary, but one or more persons may be excluded from the hereditary succession by act of Parliament if exceptional circumstances arise. The bill for this purpose is presented by or on behalf of the King. The two Houses consider and decide upon the matter in joint session. Such a bill is passed only if at least two thirds of the votes cast are in favour. The Prime Minister and the other ministers are appointed and dismissed by royal decree (Article 43 of the Constitution). The method for these appointments is based on unwritten rules, mainly based on the power of political groups after general elections. |
| Term of office of the executive and coincidence with the term of the legislature |
The title to the Throne is hereditary and does not coincide with the term of office of the Government. The term of office of both Houses of the parliament is four years (Article 52 of the Constitution). |
| Incompatibility of the functions of member of the executive and member of Parliament |
Yes |
A parliamentarian may not be a minister, state secretary, member of the Council of State, member of the Court of Audit, National Ombudsman or Deputy Ombudsman, member of the Supreme Court, or Procurator General or Advocate General at the Supreme Court (Article 57, paragraph 2 of the Constitution). Notwithstanding the above, a minister or state secretary who has offered to tender his or her resignation may combine the said office with membership of the parliament until such time as a decision is taken on that resignation. |
| Dissolution of Parliament |
Yes |
|
|
|
Each of the Houses of the parliament may be dissolved by royal decree in case of a conflict of powers (Article 64 of the Constitution). If it appears that there will be no successor to the Throne, or if there is no such successor on the death or abdication of the King, the parliament may appoint a successor and the Houses are subsequently dissolved (Article 30 of the Constitution). |
|
|
The bill for a successor to the Throne is presented by or on behalf of the King, upon which the Houses are dissolved. The Houses are also dissolved if there is no successor on the death or abdication of the King. The newly convened Houses discuss and decide upon the matter in joint session. Such a bill is passed only if at least two thirds of the votes cast are in favour.
A royal decree for dissolution requires new elections to be held for the House that has been dissolved and the newly elected House to meet within three months. The dissolution takes effect on the day on which the newly elected House meets. The duration of a lower House that meets following dissolution may not exceed five years. The duration of an upper House that meets following dissolution ends at the time at which the duration of the dissolved House would have ended. Over the last 11 years (1990-2000), the House of Representatives was dissolved two times for general elections. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
The ministers, and not the King, are responsible for acts of Government, both individually and collectively (Article 42 of the Constitution). All acts of the parliament and royal decrees are signed by the King and by one or more ministers or state secretaries. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Ministers and state secretaries provide, orally or in writing, the Houses either separately or in joint session with any information requested by one or more members, provided that the provision of such information does not conflict with the interests of the state (Article 68 of the Constitution). |
- Government reports to Parliament
|
A statement of the policy to be pursued by Government is given by or on behalf of the King before a joint session of the two Houses of the parliament that are held every year on the third Tuesday in September or on such earlier date as may be prescribed by an act of the parliament (Article 65 of the Constitution). Government also submits annual reports on the state of education to Parliament. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Government accountability to the parliament can be brought into play in the legislative process. |
| Motions of censure and votes of no confidence (sub-report) |
|
|
Motions of censure can be tabled in case of disapproval of actions taken by Government. |
|
|
A motion of censure only requires a simple majority to be passed. |
|
|
The consequences of an adopted motion of censure are the resignation of the cabinet or the individual member of the cabinet mentioned in the motion. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
Not applicable |
|
|
Not applicable |
|
|
Not applicable |
- Have these procedures been applied?
|
|
Not applicable |
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The cabinet is responsible for all acts of Government, both individually and collectively. |
| Means and modalities of oversight |
|
|
The parliament exercises oversight over the actions of the administration by holding hearings in committees. If a committee wishes to hear civil servants, it invites them through the intermediary of the relevant minister. Notice of the holding of a hearing is given to the members of the House and on the Internet. |
- Committees of inquiry and missions to Government departments
|
The two Houses may jointly or separately have the right of inquiry (Article 70 of the Constitution). If the House has decided to institute an inquiry, it instructs either an existing committee of the House or a committee of inquiry instituted for the purpose to carry out the inquiry. The President of the House gives notice of alterations to the description of the subject of the inquiry. |
- Oral and written questions of parliamentarians
|
A member who wishes to put written questions to one or more ministers lodges these questions with the President of the House. The questions should be brief and clearly worded. The President forwards the questions to the relevant minister, unless he or she has a serious objection to them on account of their form or content. The President informs the members of questions that have been forwarded and publishes them. If the minister is not able to answer the questions within three weeks, he informs the President accordingly and states the reasons. If the questions are not answered within six weeks, they are put at the start of the next question time.
A minister may inform the President that he or she wishes to answer a question orally and not in writing. The question is then answered during the next question time. Question time takes place on Tuesday at the start of the meeting. The President determines for each meeting the time at which the question time will end. The member who wishes to put questions during question time informs the President in writing, stating the subject, by 12 noon on Tuesday at the latest. In a special case the House may set a different time for question time. The President then decides the time at which the subject of the questions should be notified to him. The President invites the relevant ministers to question time and informs them of the subject of the questions. Subsequently, the President publishes the subject of the questions.
The President may refuse to raise a subject during question time if he considers that the subject is not described sufficiently accurately. He or she determines the order in which the subjects are raised during question time. The questioner is allowed to address the meeting for a maximum of two minutes in order to put questions to one or more ministers and to give an explanation. The minister is allowed to address the meeting for a maximum of five minutes in order to answer the questions. After the answer, the questioner is given two minutes in which to put supplementary questions either to the minister or to members. Anyone to whom such questions are addressed is granted a maximum of three minutes in which to answer the questions. During question time, no leave may be requested to hold an interpellation, nor may motions be moved. All subjects that have not been dealt with at the end of the question time do lapse. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
Not applicable |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The National Ombudsman and a Deputy Ombudsman are appointed by the lower House of the parliament for a period of six years with re-appointment being possible (Article 78a of the Constitution). |
- Relationship to Parliament
|
The National Ombudsman investigates, on request or on his or her initiative, actions taken by administrative authorities of the state and other administrative authorities. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
No |
Not applicable |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
The estimates of the state's revenues and expenditures are laid down by act of the parliament (Article 105 of the Constitution). Bills containing general estimates are presented by or on behalf of the King every year on the third Tuesday in September or on another date. |
- Reports on the budget / finance act by Committees
|
Not available |
| Fields overseen |
|
|
The parliament exercises oversight over all public funds. |
- Budget of special departments
|
The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
Not applicable |
| Parliament's deadline for the examination and adoption of the budget / finance act |
There are no legal deadlines for the parliament to examine and approve the finance bill, but this is preferably done before the Christmas recess. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If the parliament fails to adopt the finance bill, expenses are allowed up to four twelfths of the total budget. |
| Budgetary autonomy of Parliament |
Yes |
The Presidium prepares the annual estimates of the expenditure required for the House in the next year and sends them in good time to the House for adoption and to the minister of the interior. The minister is then responsible for presenting this budget, which is part of the finance bill. The secretary general is responsible, on behalf of the President, for managing the budget of the House. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
A statement of the state's revenues and expenditures is presented to the parliament, together with the balance sheet approved by the Court of Audit (Article 105 of the Constitution). |
| Parliamentary oversight of public companies |
No |
Not applicable |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The Court of Audit is responsible for examining the state's revenues and expenditures (Article 76 of the Constitution). Its members are appointed for life by royal decree from a list of three persons per vacancy drawn up by the lower House of the parliament. |
- Reports of the public auditor's office
|
The Court of Audit is obliged to report to the parliament once a year. The parliament can follow up this report by debating it with the ministers responsible. |
|
|
The parliament may exercise oversight over the implementation of the budget through specialised committees on any matter and at any time. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over foreign policy through the foreign relations committee. |
|
|
For the proper discharge of its duties, the committee is in any event empowered to (i) apply to a minister in order to obtain all documents of which it considers it has to take cognisance; (ii) enter into oral or written consultation with a minister; (iii) hold hearings; (iv) make working visits; (v) obtain information from an advisory body; (vi) call in external experts; (vii) propose the designation of a major project to the House. |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
|
The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The Kingdom is not bound by treaties, nor may such treaties be renounced, without the prior approval of the parliament (Article 91 of the Constitution). In some cases, approval by the parliament is not required or may be tacit. Any provisions of a treaty that conflict with the Constitution, or which lead to conflicts with it, may be approved by the parliament only if at least two thirds of the votes cast are in favour. Legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the same provisions. Provisions of treaties and of resolutions by international institutions that may be binding on all persons by virtue of their contents become binding after they have been published. |
- Other mechanisms for participation in foreign policy by Parliament
|
In addition to the above, the parliament may exercise oversight over foreign policy by tabling motions. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
The parliament exercises oversight over defence policy through the national defence committee. |
|
|
For the proper discharge of its duties, the committee is in any event empowered to (i) apply to a minister in order to obtain all documents of which it considers it has to take cognisance; (ii) enter into oral or written consultation with a minister; (iii) hold hearings; (iv) make working visits; (v) obtain information from an advisory body; (vi) call in external experts; (vii) propose the designation of major project to the House. |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
The parliament exercises oversight over public or semi-public arms manufacturing companies. |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
A declaration by the cabinet that the Kingdom is in a state of war may not be made without the prior approval of the parliament (Article 96 of the Constitution). |
- Role of Parliament in sending troops abroad
|
Government informs the parliament in advance if the armed forces are to be deployed or made available to maintain or promote the international legal order (Article 100 of the Constitution). This includes the provision of humanitarian aid in the event of armed conflict. These provisions do not apply if compelling reasons exist to prevent the provision of information in advance. In this event, information must be supplied as soon as possible. |
- Other mechanisms for participation in national defence policy by Parliament
|
In addition to the above, the parliament may exercise oversight over national defence policy by tabling motions. |
|
STATE OF EMERGENCY
|
| Circumstances |
A declaration by the cabinet that the Kingdom is in a state of war may not be made without the prior approval of the parliament (Article 96 of the Constitution). Such approval may not be required in cases where consultation with the parliament proves to be impossible as a consequence of the actual existence of a state of war. The two Houses of Parliament consider and decide upon the matter in joint session. The same provisions apply mutatis mutandis to a declaration that a state of war has ceased.
The cases in which a state of emergency may be declared by the cabinet by royal decree in order to maintain internal or external security are specified by an act of the parliament (Article 103 of the Constitution). Immediately after the declaration of a state of emergency and whenever it considers it necessary, until such time as the state of emergency is terminated by royal decree, the parliament decides the duration of the state of emergency. The two Houses of the parliament consider and decide upon the matter in joint session. |
| Can parliament take the initiative to declare a state of emergency |
No |
|
| Consequences of a state of emergency for Parliament |
The declaration of a state of emergency does not affect the existence of the parliament, but its functioning. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Parliament or one of the Chambers |
The constitutionality of acts of the parliament and treaties may not be reviewed by courts, except for the European Court of Justice (Article 120 of the Constitution). All Dutch courts may however refuse to apply an Act of Parliament on the grounds of incompatibility with an international treaty, following a 1953 amendment to the Constitution to give primacy to universally binding international law. Another amendment passed in 1956 makes universally binding provisions of international agreements directly applicable in the Netherlands, that is, without the need for Dutch legislation. |
|
|
Not applicable |
| Evaluation of laws |
No data |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
