{ Adopted: 17 Feb 1983 / Status: 1989 }
Article 1 [Equality]
All persons in the Netherlands shall be treated equally
Article 2 [Citizenship]
(1) Dutch nationality shall be regulated by Act of Parliament.
(2) The admission and expulsion of aliens shall be regulated by
Act of Parliament.
(3) Extradition may take place only pursuant to a treaty.
Further regulations concerning extradition shall be laid down by
Act of Parliament.
(4) Everyone shall have the right to leave the country, except in
the cases laid down by Act of Parliament.
Article 3 [Eligibility Right]
All Dutch nationals shall be equally eligible
Article 4 [Right to Vote]
Every Dutch national shall have an equal right to elect the
members of the general representative bodies and to stand for
election as a member of those bodies, subject to the limitations
and exceptions prescribed by Act of Parliament.
Article 5 [Petitions]
Everyone shall have the right to submit petitions in writing to
the competent authorities.
Article 6 [Religion, Belief]
(1) Everyone shall have the right to manifest freely his religion
or belief
(2) Rules concerning the exercise of this right other than in
buildings and enclosed places may be laid down by Act of
Parliament for the protection of health, in the interest of traffic
and to combat or prevent disorders.
Article 7 [Expression]
(1) No one shall require prior permission to publish thoughts or
opinions through the press, without prejudice to the
responsibility of every person under the law.
(2) Rules concerning radio and television shall be laid down by
Act of Parliament. There shall be no prior supervision of the
content of a radio or television broadcast.
(3) No one shall be required to submit thoughts or opinions for
prior approval in order to disseminate
may be regulated by Act of Parliament in order to protect good
morals.
(4) The preceding paragraphs do not apply to commercial
advertising.
Article 8 [Association]
The right of association shall be recognized. This right may be
restricted by Act of Parliament in the interest of public order.
Article 9 [Assembly]
(1) The right of assembly and demonstration shall be
recognized, without prejudice to the responsibility of everyone
under the law.
(2) Rules to protect health, in the interest of traffic and to
combat or prevent disorders may be laid down by Act of
Parliament.
Article 10 [Privacy]
(1) Everyone shall have the right to respect for his privacy,
without prejudice to restrictions laid down by or pursuant to Act
of Parliament.
(2) Rules to protect privacy shall be laid down by Act of
Parliament in connection with the recording and dissemination
of personal data.
(3) Rules concerning the rights of persons to be informed of
data recorded concerning them and of the use that is made
thereof, and to have such data corrected shall be laid down by
Act of Parliament.
Article 11 [Personal Integrity]
Everyone shall have the right to inviolability of his person,
without prejudice to restrictions laid down by or pursuant to Act
of Parliament.
Article 12 [Home]
(1) Entry into a home against the will of the occupant shall be
permitted only in the cases laid down by or pursuant to Act of
Parliament, by those designated for the purpose by or pursuant
to Act of Parliament.
(2) Prior identification and notice of purpose shall be required
in order to enter a home under the preceding paragraph, subject
to the exceptions prescribed by Act of Parliament. A written
report of the entry shall be issued to the occupant.
Article 13 [Secrecy of Communication]
(1) The privacy of correspondence shall not be violated except,
in the cases laid down by Act of Parliament, by order of the
courts.
(2) The privacy of the telephone and telegraph shall not be
violated except, in the cases laid down by Act of Parliament, by
or with the authorization of those designated for the purpose by
Act of Parliament.
Article 14 [Property]
(1) Expropriation
(2) Prior assurance of full compensation shall not be required if
in an emergency immediate expropriation is called for.
(3) In the cases laid down by or pursuant to Act of Parliament
there shall be a right to full or partial compensation if in the
public interest the competent authority destroys property or
renders it unusable or restricts the exercise of the owner's rights
to it.
Article 15 [Personal Liberty, Arrest]
(1) Other than in the cases laid down by or pursuant to Act of
Parliament, no one may be deprived of his liberty.
(2) Anyone who has been deprived of his liberty other than by
order of a court may request a court to order his release. In
such a case he shall be heard by the court within a period to be
laid down by Act of Parliament. The court shall order his
immediate release if it considers the deprivation of liberty to be
unlawful.
(3) The trial of a person who has been deprived of his liberty
pending trial shall take place within a reasonable period.
(4) A person who has been lawfully deprived of his liberty may
be restricted in the exercise of fundamental rights in so far as
the exercise of such rights is not compatible with the
deprivation of liberty.
Article 16 [Nulla Poena Sine Lege]
No offence shall be punishable unless it was an offence under
the law at the time it was committed.
Article 17 [Right to be Heard]
No one may be prevented against his will from being heard by
the courts to which he is entitled to apply under the law.
Article 18 [Right to Counsel]
(1) Everyone may be legally represented in legal and
administrative proceedings.
(2) Rules concerning the granting of legal aid to persons of
limited means shall be laid down by Act of Parliament.
Article 19 [Work]
(1) It shall be the concern of the authorities to promote the
provision of sufficient employment.
(2) Rules concerning the legal status and protection of working
persons and concerning co-determination shall be laid down by
Act of Parliament.
(3) The right of every Dutch national to a free choice of work
shall be recognized, without prejudice to the restrictions laid
down by or pursuant to Act of Parliament.
Article 20 [Welfare]
(1) It shall be the concern of the authorities to secure the means
of subsistence of the population and to achieve the distribution
of wealth.
(2) Rules concerning entitlement to social security shall be laid
down by Act of Parliament.
(3) Dutch nationals resident in the Netherlands who are unable
to provide for themselves shall have a right, to be regulated by
Act of Parliament, to aid from the authorities.
Article 21 [Environment]
It shall be the concern of the authorities to keep the country
habitable and to protect and improve the environment.
Article 22 [Health]
(1) The authorities shall take steps to promote the health of the
population.
(2) It shall be the concern of the authorities to provide sufficient
living accommodation.
(3) The authorities shall promote social and cultural
development and leisure activities.
Article 23 [Education]
(1) Education shall be the constant concern of the Government.
(2) All persons shall be free to provide education, without
prejudice to the authorities' right of supervision and, with
regard to forms of education designated by law, its right to
examine the competence and moral integrity of teachers, to be
regulated by Act of Parliament.
(3) Education provided by public authorities shall be regulated
by Act of Parliament, paying due respect to everyone's religion
or belief.
(4) The authorities shall ensure that primary education is
provided in a sufficient number of public-authority schools in
every municipality. Deviations from this provision may be
permitted under rules to be established by Act of Parliament on
condition that there is opportunity to receive the said form of
education.
(5) The standards required of schools financed either in part or
in full from public funds shall be regulated by Act of
Parliament, with due regard, in the case of private schools, to
the freedom to provide education according to religious or other
belief.
(6) The requirements for primary education shall be such that
the standards both of private schools fully financed from public
funds and of public-authority schools are fully guaranteed. The
relevant provisions shall respect in particular the freedom of
private schools to choose their teaching aids and to appoint
teachers as they see fit.
(7) Private primary schools that satisfy the conditions laid down
by Act of Parliament shall be financed from public funds
according to the same standards as public-authority schools.
The conditions under which private secondary education and
pre-university education shall receive contributions from public
funds shall be laid down by Act of Parliament.
(8) The Government shall submit annual reports on the state of
education to the Parliament.
Article 24
The title to the Throne shall be hereditary and shall vest in the
legitimate descendants of King William I
Article 25
On the death of the King, the title to the Throne shall pass by
hereditary succession to the King's legitimate descendants in
order of seniority, the same rule governing succession by the
issue of descendants who predecease the King. If the King has
no descendants, the title to the Throne shall pass in the same
way to the legitimate descendants of the King's parent and then
of his grandparent who are in the line of succession but are not
further removed from the deceased King than the third degree
of consanguinity.
Article 26
For the purposes of hereditary succession, the child of a woman
pregnant at the moment of the death of the King shall be
deemed already born. If it is stillborn it shall be deemed to
have never existed.
Article 27
Hereditary succession to the Throne in the event of abdication
shall take place according to the rules set out in the above
articles. Children born after an abdication and their
descendants shall be excluded from the hereditary succession.
Article 28
(1) The King shall be deemed to have abdicated if he contracts
a marriage without having obtained approval by Act of
Parliament.
(2) Anyone in line of succession to the Throne who contracts
such a marriage shall be excluded from the hereditary
succession, together with any children born of the marriage and
their issue.
(3) The two Chambers of the Parliament (Parliament) shall meet
to consider and decide upon a Bill for granting such approval in
joint session.
Article 29
(1) One or more persons may be excluded from the hereditary
succession by Act of Parliament if exceptional circumstances
necessitate.
(2) The Bill for this purpose shall be presented by or on behalf
of the King. The two Chambers of the Parliament shall
consider and decide upon the matter in joint session. Such a
Bill shall be passed only if at least two-thirds of the votes cast
are in favor.
Article 30
(1) A successor to the Throne may be appointed by Act of
Parliament if it appears that there will otherwise be no
successor. The Bill shall be presented by or on behalf of the
King, upon which the Chambers shall be dissolved. The newly
convened Chambers shall discuss and decide upon the matter in
joint session. Such a Bill shall be passed only if at least
two-thirds of the votes cast are in favor.
(2) The Chambers shall be dissolved if there is no successor on
the death or abdication of the King. The newly convened
Chambers shall meet in joint session within four months of the
decease or abdication in order to decide on the appointment of a
King. They may appoint a successor only if at least two-thirds
of the votes cast are in favor.
Article 31
(1) An appointed King may be succeeded only by his legitimate
descendants by virtue of hereditary succession.
(2) The provisions on hereditary succession and the first
paragraph of this article shall apply by analogy to an appointed
successor who has not yet become King.
Article 32
Upon assuming the royal prerogative the King shall be sworn in
and inaugurated as soon as possible in the capital city,
Amsterdam, at a public and joint session of the two Chambers
of the Parliament. The King shall swear or promise allegiance
to the Constitution and that he will faithfully discharge his
duties. Specific rules shall be laid down by Act of Parliament.
Article 33
The King shall not exercise the royal prerogative before
attaining the age of eighteen.
Article 34
The guardianship of a King who is a minor shall be regulated
by Act of Parliament. The two Chambers of the Parliament
shall meet in joint session to consider and decide upon the
matter.
Article 35
(1) If the Council of Ministers is of the opinion that the King is
unable to exercise the royal prerogative it shall inform the two
Chambers of the Parliament accordingly and shall also present
to them the recommendation it has requested from the Council
of State. The two Chambers of the Parliament shall then meet
in joint session.
(2) If the two Chambers of the Parliament share this opinion,
they shall then resolve that the King is unable to exercise the
royal prerogative. This resolution shall be made public on the
instructions of the President of the joint session and shall enter
into force immediately.
(3) As soon as the King regains the ability to exercise the royal
prerogative, notice of the fact shall be given in an Act of
Parliament. The two Chambers of the Parliament shall consider
and decide upon the matter in joint session. The King shall
resume the exercise of the royal prerogative as soon as the Act
has been made public.
(4) If it has been resolved that the King is unable to exercise the
royal prerogative, guardianship over his person shall, if
necessary, be regulated by Act of Parliament. The two
Chambers of the Parliament shall consider and decide upon the
matter in joint session.
Article 36
The King may temporarily relinquish the exercise of the royal
prerogative and resume the exercise thereof pursuant to Act of
Parliament. The relevant Bill shall be presented by or on
behalf of the King. The two Chambers of the Parliament shall
consider and decide upon the matter in joint session.
Article 37
(1) The royal prerogative shall be exercised by a Regent:
(a) until the King has attained the age of eighteen;
(b) if the title to the Throne may vest in an unborn child;
(c) if it has been resolved that the King is unable to exercise the
royal prerogative;
(d) if the King has temporarily relinquished the exercise of the
royal prerogative;
(e) in the absence of a successor following the death or
abdication of the King.
(2) The Regent shall be appointed by Act of Parliament. The
two Chambers of the Parliament shall consider and decide upon
the matter in joint session.
(3) In the cases specified in Paragraph (1)(c) and (d) above, the
descendant of the King who is the heir presumptive shall
become Regent by right if he has attained the age of eighteen.
(4) The Regent shall swear or promise allegiance to the
Constitution and that he will faithfully discharge his duties
before the two Chambers of Parliament meeting in joint session.
Rules regarding the office of Regent shall be made by Act of
Parliament, which may contain provisions for succession and
replacement. The two Chambers of the Parliament shall
consider and decide upon the matter in joint session.
(5) Articles 35 and 36 shall apply by analogy to the
Regent.
Article 38
The royal prerogative shall be exercised by the Council of State
until such time as alternative provision is made for the exercise
of such power.
Article 39
Membership of the Royal House shall be regulated by Act of
Parliament.
Article 40
(1) The King shall receive annual payments from the State
according to rules to be laid down by Act of Parliament. The
Act shall also specify which other members of the Royal House
shall receive payments from the State and shall regulate the
payments themselves.
(2) The payments received by them from the State, together
with such assets as are of assistance to them in the exercise of
their duties, shall be exempt from personal taxation. In
addition, anything received by the King or his heir presumptive
from a member of the Royal House by inheritance or as a gift
shall be exempt from inheritance tax, transfer tax, or gifts tax.
Additional exemption from taxation may be granted by Act of
Parliament.
(3) Bills containing legislation as referred to in the previous
paragraphs may be passed by the Parliament only if at least
two-thirds of the votes cast are in favor.
Article 41
The King shall organize his Household, taking due account of
the public interest.
Section 2 The King and the Ministers
Article 42
(1) The Government
(2) The Ministers, and not the King, shall be responsible for
acts of government.
Article 43
The Prime Minister and the other Ministers shall be appointed
and dismissed by Royal Decree.
Article 44
(1) Ministries shall be established by Royal Decree. They shall
be headed by a Minister.
(2) Non-departmental Ministers may also be appointed.
Article 45
(1) The Ministers shall together constitute the Council of
Ministers.
(2) The Prime Minister shall be the chairman of the Council of
Ministers.
(3) The Council of Ministers shall consider and decide upon
overall government policy and shall promote the coherence
thereof.
Article 46
(1) State Secretaries may be appointed and dismissed by Royal
Decree.
(2) A State Secretary shall act with ministerial authority in place
of the Minister in cases in which the Minister considers it
necessary; the State Secretary shall observe the Minister's
instructions in such cases. Responsibility shall rest with the
State Secretary without prejudice to the responsibility of the
Minister.
Article 47
All Acts of Parliament and Royal Decrees shall be signed by
the King and by one or more Ministers or State Secretaries.
Article 48
The Royal Decree appointing the Prime Minister shall be
countersigned by the latter. Royal Decrees appointing or
dismissing Ministers and State Secretaries shall be
countersigned by the Prime Minister.
Article 49
Upon accepting office Ministers and State Secretaries shall
swear an oath or make an affirmation and promise in the
presence of the King, in the manner prescribed by Act of
Parliament, that they have not done anything which may legally
debar them from holding office, and shall also swear or
promise allegiance to the Constitution and that they will
faithfully discharge their duties.
Section 1 Organization and composition
Article 50
The Parliament
Article 51
(1) The Parliament shall consist of a Second Chamber and a
First Chamber.
(2) The Second Chamber shall consist of one hundred and fifty
members.
(3) The First Chamber shall consist of seventy-five members.
(4) The two Chambers shall be deemed a single entity when
they meet in joint session.
Article 52
(1) The duration of both Chambers shall be four years.
(2) The duration of the First Chamber shall be amended
accordingly if the duration of the provincial councils is altered
by Act of Parliament to a term other than four years.
Article 53
(1) The members of both Chambers shall be elected by
proportional representation within the limits to be laid down by
Act of Parliament.
(2) Elections shall be by secret ballot.
Article 54
(1) The members of the Second Chamber shall be elected
directly by the Dutch nationals who have attained the age of
eighteen, with the exception of any Dutch nationals who may be
excluded by Act of Parliament by virtue of the fact that they are
not resident in the Netherlands.
(2) The following persons shall not be entitled to vote:
(a) anyone who has committed an offence designated by Act of
Parliament and has been sentenced as a result by irrevocable
judgement of a court of law to a custodial sentence of not less
than one year and simultaneously disqualified from voting;
(b) anyone who has been deemed legally incompetent by
irrevocable judgement of a court because of mental disorder.
Article 55
The members of the First Chamber shall be chosen by the
members of the provincial councils. The election shall take
place not more than three months after the election of the
members of the provincial councils except in the event of the
dissolution of the Chamber.
Article 56
To be eligible for membership of the Parliament, a person must
be a Dutch national, must have attained the age of eighteen
years and must not have been disqualified from voting.
Article 57
(1) No one may be a member of both Chambers.
(2) A member of the Parliament may not be a Minister, State
Secretary, member of the Council of State, member of the
General Chamber of Audit, member of the Supreme Court, or
Procurator General or Advocate General at the Supreme Court.
(3) Notwithstanding the above, a Minister or State Secretary
who has offered to tender his resignation may combine the said
office with membership of the Parliament until such time as a
decision is taken on such resignation.
(4) Other public functions which may not be held
simultaneously by a person who is a member of the Parliament
or of one of the Chambers may be designated by Act of
Parliament.
Article 58
Each Chamber shall examine the credentials of its newly
appointed members and shall decide with due reference to rules
to be established by Act of Parliament any disputes arising in
connection with the credentials or the election.
Article 59
All other matters pertaining to the right to vote and to elections
shall be regulated by Act of Parliament.
Article 60
Upon accepting office, members of the Chambers shall swear
an oath or make an affirmation and promise before the
Chamber in the manner prescribed by Act of Parliament that
they have not done anything which may legally debar them
from holding office, and shall also swear or promise allegiance
to the Constitution and that they will faithfully discharge their
duties.
Article 61
(1) Each Chamber shall appoint a President from among its
members.
(2) Each Chamber shall appoint a Clerk who, like the other
officials of the two Chambers, may not be a member of the
Parliament.
Article 62
The President of the First Chamber shall preside when the two
Chambers meet in joint session.
Article 63
Financial remuneration for members and former members of
the Parliament and their dependents shall be regulated by Act of
Parliament. The Chambers may pass a Bill on the matter only
if at least two-thirds of the votes cast are in favor.
Article 64
(1) Each of the Chambers may be dissolved by Royal Decree.
(2) A decree for dissolution shall also require new elections to
be held for the Chamber which has been dissolved and the
newly elected Chamber to meet within three months.
(3) The dissolution shall take effect on the day on which the
newly elected Chamber meets.
(4) The duration of a Second Chamber that meets following a
dissolution shall be determined by Act of Parliament; the term
may not exceed five years. The duration of a First Chamber
that meets following a dissolution shall end at the time at which
the duration of the dissolved Chamber would have ended.
Article 65
A statement of the policy to be pursued by the Government
shall be given by or on behalf of the King before a joint session
of the two Chambers of the Parliament that shall be held every
year on the third Tuesday in September or on such earlier date
as may be prescribed by Act of Parliament.
Article 66
(1) The sittings of the Parliament shall be held in public.
(2) The sittings shall be held in camera if one tenth of the
members present so require or if the President considers it
necessary.
(3) The Chamber, or the two Chambers meeting in joint
session, shall then decide whether the deliberations are to
continue and the decisions to be taken in camera.
Article 67
(1) The two Chambers may deliberate or take decisions, either
separately or in joint session, only if more than half of the
members are present.
(2) Decisions shall be taken by majority.
(3) The members shall not be bound by a mandate or
instructions when casting their votes.
(4) Voting on items of business not relating to individuals shall
be oral and by roll call if requested by one member.
Article 68
Ministers and State Secretaries shall provide orally or in writing
the Chambers 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 69
(1) Ministers and State Secretaries shall have the right to attend
sittings of the Parliament and may take part in the deliberations.
(2) They may be invited to be present at sittings of the
Chambers of the Parliament meeting either separately or in joint
session.
(3) They may be assisted at the sittings by persons nominated
by them.
Article 70
The two Chambers shall jointly and separately have the right of
inquiry to be regulated by Act of Parliament.
Article 71
Members of the Parliament, Ministers, State Secretaries, and
other persons taking part in deliberations may not be prosecuted
or otherwise held liable in law for anything they say during the
sittings of the Parliament or of its committees or for anything
they submit to them in writing.
Article 72
Each Chamber of the Parliament and the two Chambers in joint
session shall draw up rules of procedure.
Article 73
(1) The Council of State or a section of the Council shall be
consulted on Bills and draft general administrative orders as
well as proposals for the approval of treaties by the Parliament.
Such consultation may be dispensed with in cases to be laid
down by Act of Parliament.
(2) The Council or a section of the Council shall be responsible
for investigating administrative disputes where the decision has
to be given by Royal Decree, and for advising on the ruling to
be given in the said dispute.
(3) The Council or a section of the Council may be required by
Act of Parliament to give decisions in administrative disputes.
Article 74
(1) The King shall be President of the Council of State. The
heir presumptive shall be legally entitled to have a seat on the
Council on attaining the age of eighteen. Other members of the
Royal House may be granted a seat on the Council by or in
accordance with an Act of Parliament.
(2) The members of the Council shall be appointed for life by
Royal Decree.
(3) They shall cease to be members of the Council on
resignation or on attaining an age to be determined by Act of
Parliament.
(4) They may be suspended or dismissed from membership by
the Council in instances specified by Act of Parliament.
(5) Their legal status shall in other respects be regulated by Act
of Parliament.
Article 75
(1) The organization, composition and powers of the Council of
State shall be regulated by Act of Parliament.
(2) Additional duties may be assigned to the Council or a
section of the Council by Act of Parliament.
Article 76
The General Chamber of Audit shall be responsible for
examining the State's revenues and expenditures.
Article 77
(1) The members of the General Chamber of Audit shall be
appointed for life by Royal Decree from a list of three persons
per vacancy drawn up by the Second Chamber of the
Parliament.
(2) They shall cease to be members on resignation or on
attaining an age to be determined by Act of Parliament.
(3) They may be suspended or dismissed from membership by
the Supreme Court in cases to be laid down by Act of
Parliament.
(4) Their legal status shall in other respects be regulated by Act
of Parliament.
Article 78
(1) The organization, composition and powers of the General
Chamber of Audit shall be regulated by Act of Parliament.
(2) Additional duties may be assigned to the General Chamber
of Audit by Act of Parliament.
Article 79
(1) Permanent bodies to advise on matters relating to legislation
and administration of the State shall be established by or
pursuant to Act of Parliament.
(2) The organization, composition and powers of such bodies
shall be regulated by Act of Parliament.
(3) Duties in addition to advisory ones may be assigned to such
bodies by or pursuant to Act of Parliament.
Article 80
(1) The recommendations made by the bodies referred to in the
present chapter shall be made public according to rules to be
laid down by Act of Parliament.
(2) Other than in cases to be laid down by Act of Parliament,
recommendations made in respect of Bills presented by or on
behalf of the King shall be submitted to the Parliament.
Section 1 Acts of Parliament and other regulations
Article 81
Acts
Article 82
(1) Bills may be presented by or on behalf of the King or by the
Second Chamber of the Parliament.
(2) Bills which require consideration by a joint session of the
Parliament may be presented by or on behalf of the King or by
a joint session of the Parliament insofar as this is consistent
with the relevant articles of Chapter 2.
(3) Bills to be presented by the Second Chamber or by a joint
session of the Parliament shall be introduced in the Chamber or
the joint session as the case may be by one or more members.
Article 83
Bills presented by or on behalf of the King shall be sent to the
Second Chamber or to the joint session if consideration by a
joint session of the Parliament is required.
Article 84
(1) A Bill presented by or on behalf of the King that has not yet
been passed by the Second Chamber or by a joint session of the
Parliament may be amended by the Chamber or the joint
session as the case may be on the proposal of one or more
members or by the Government.
(2) Any Bill being presented by the Second Chamber or a joint
session of the Parliament that has not yet been passed may be
amended by the Chamber or joint session as the case may be on
the proposal of one or more members or by the member or
members introducing the Bill.
Article 85
As soon as the Second Chamber passes a Bill or resolves to
present a Bill, it shall send it to the First Chamber which shall
consider the Bill as sent to it by the Second Chamber. The
Second Chamber may instruct one or more of its members to
defend a Bill presented by it in the First Chamber.
Article 86
(1) A Bill may be withdrawn by or on behalf of the proposer
until such time as it is passed by the Parliament.
(2) A Bill which is to be presented by the Second Chamber or
by a joint session of the Parliament may be withdrawn by the
member or members introducing it until such time as it is
passed.
Article 87
(1) A Bill shall become an Act of Parliament once it has been
passed by the Parliament and ratified by the King.
(2) The King and the Parliament shall inform each other of their
decision on any Bill.
Article 88
The publication and entry into force of Acts of Parliament shall
be regulated by Act of Parliament. They shall not enter into
force before they have been published.
Article 89
(1) General administrative orders shall be established by Royal
Decree.
(2) Any regulations to which penalties are attached shall be
embodied in such orders only in accordance with an Act of
Parliament. The penalties to be imposed shall be determined by
Act of Parliament.
(3) Publication and entry into force of general administrative
orders shall be regulated by Act of Parliament. They shall not
enter into force before they have been published.
(4) Paragraph (2) shall apply by analogy to other generally
binding regulations laid down on behalf of the State for five
years or until a time to be determined by or pursuant to Act of
Parliament. These regulations shall not enter into force until
they have been published.
Section 2 Miscellaneous Provisions
Article 90
The Government shall promote the development of the
international rule of law.
Article 91
(1) The Kingdom shall not be bound by treaties, nor shall such
treaties be denounced without the prior approval of the
Parliament. The cases in which approval is not required shall
be specified by Act of Parliament.
(2) The manner in which approval shall be granted shall be laid
down by Act of Parliament, which may provide for the
possibility of tacit approval.
(3) Any provisions of a treaty that conflict with the Constitution
or which lead to conflicts with it may be approved by the
Chambers of the Parliament only if at least two-thirds of the
votes cast are in favor.
Article 92
Legislative, executive, and judicial powers may be conferred on
international institutions by or pursuant to a treaty, subject,
where necessary, to the provisions of Article 91 (3).
Article 93
Provisions of treaties and of resolutions by international
institutions, which may be binding on all persons by virtue of
their contents shall become binding after they have been
published.
Article 94
Statutory regulations in force within the Kingdom shall not be
applicable if such application is in conflict with provisions of
treaties that are binding on all persons or of resolutions by
international institutions.
Article 95
Rules regarding the publication of treaties and decisions by
international institutions shall be laid down by Act of
Parliament.
Article 96
(1) A declaration that the Kingdom is in a state of war shall not
be made without the prior approval of the Parliament.
(2) Such approval shall not be required in cases where
consultation with Parliament proves to be impossible as a
consequence of the actual existence of a state of war.
(3) The two Chambers of the Parliament shall consider and
decide upon the matter in joint session.
(4) The provisions of the first and third paragraphs shall apply
by analogy to a declaration that a state of war has ceased.
Article 97
(1) All Dutch nationals who are capable of doing so shall have
a duty to cooperate in maintaining the independence of the State
and defending its territory.
(2) This duty may also be imposed on residents of the
Netherlands who are not Dutch nationals.
Article 98
(1) To protect its interests, the State shall maintain Armed
Forces
(2) The Government shall have supreme authority over the
armed forces.
(3) Compulsory service in the armed forces shall be regulated
by Act of Parliament. The obligations which may be imposed
on persons not belonging to the armed forces in relation to the
defence of the country shall also be regulated by Act of
Parliament.
Article 99
The conditions on which exemption is granted from military
service because of serious conscientious objections shall be
specified by Act of Parliament.
Article 100
Foreign troops shall not be employed other than pursuant to an
Act of Parliament.
Article 101
If all or any of the persons liable for compulsory military
service but not actually serving in the armed forces at the time
are called up by Royal Decree in time of war or threat of war
or in other exceptional circumstances, a Bill shall be presented
to the Parliament forthwith to regulate where necessary their
continued service in the armed forces.
Article 102
(1) All expenses in connection with the armies of the State shall
be met from central government funds.
(2) No inhabitant or municipality may be required to assist with
the billeting or maintenance of troops, or with transports or
supplies of any description whatsoever requisitioned by the
State for the armies or defenses of the country, other than in
accordance with general rules laid down by Act of Parliament
and upon payment of compensation.
(3) Exceptions to the general rules shall be laid down by Act of
Parliament for application in time of war or threat of war or in
other exceptional circumstances.
Article 103
(1) The cases in which a state of emergency, as defined by Act
of Parliament, may be declared by Royal Decree in order to
maintain internal or external security shall be specified by Act
of Parliament. The consequences of such a declaration shall be
governed by Act of Parliament.
(2) Such a declaration may depart from the provisions of the
Constitution relating to the powers of the executive bodies of
the provinces, municipalities, and water control boards, the
basic rights laid down in Article 6, insofar as the
exercise of the right contained in this article other than in
buildings and enclosed places is concerned, Articles 7, 8,
9, 12 (2), 13 and 113 (1) and (3).
(3) 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 shall decide the duration of the state of emergency.
The two Chambers of the Parliament shall consider and decide
upon the matter in joint session.
Article 104
Taxes
Article 105
(1) The estimates of the State's revenues and expenditures shall
be laid down by Act of Parliament.
(2) Bills containing general estimates shall be presented by or
on behalf of the King every year on the date specified in Article
65.
(3) A statement of the State's revenues and expenditures shall
be presented to the Parliament in accordance with the provisions
of the relevant Act of Parliament. The balance sheet approved
by the General Chamber of Audit shall be presented to the
Parliament.
(4) Rules relating to the management of the State's finances
shall be prescribed by Act of Parliament.
Article 106
The monetary system shall be regulated by Act of Parliament.
Article 107
(1) Civil law, criminal law and civil and criminal procedure
shall be regulated by Act of Parliament in general legal codes
without prejudice to the power to regulate certain matters in
separate Acts of Parliament.
(2) The general rules of administrative law shall be laid down
by Act of Parliament.
Article 108
(1) The establishment, powers and procedures of any general
independent bodies for investigating complaints relating to
actions of the authorities shall be regulated by Act of
Parliament.
(2) Appointment to such bodies shall be made by the Second
Chamber of the Parliament if their jurisdiction covers the
actions of the central authorities. Members may be dismissed
in cases prescribed by Act of Parliament.
Article 109
The legal status of public servants shall be regulated by Act of
Parliament. Rules regarding employment protection and
co-determination for public servants shall also be laid down by
Act of Parliament.
Article 110
In the exercise of their duties government bodies shall observe
the right of public access to information in accordance with
rules to be prescribed by Act of Parliament.
Article 111
Honors shall be established by Act of Parliament.
Article 112
(1) The judgement of disputes involving rights under civil law
and debts shall be the responsibility of the judiciary.
(2) Responsibility for the judgement of disputes which do not
arise from matters of civil law may be granted by Act of
Parliament either to the judiciary or to courts
Article 113
(1) The judgement of offenses shall also be the responsibility of
the judiciary.
(2) Disciplinary proceedings established by government bodies
shall be regulated by Act of Parliament.
(3) A sentence entailing deprivation of liberty may be imposed
only by the judiciary.
(4) Different rules may be established by Act of Parliament for
the trial of cases outside the Netherlands and for martial law.
Article 114
Capital punishment may not be imposed.
Article 115
Appeal to a higher administrative authority shall be admissible
in the case of the disputes referred to in Article 112 (2).
Article 116
(1) The courts which form part of the judiciary shall be
specified by Act of Parliament.
(2) The organization, composition and powers of the judiciary
shall be regulated by Act of Parliament.
(3) ln cases provided for by Act of Parliament, persons who are
not members of the judiciary may take part with members of
the judiciary in the administration of justice.
(4) The supervision of members of the judiciary responsible for
the administration of justice of the manner in which such
members and the persons referred to in the previous paragraph
fulfil their duties shall be regulated by Act of Parliament.
Article 117
(1) Members of the judiciary responsible for the administration
of justice and the Procurator General at the Supreme Court shall
be appointed for life by Royal Decree.
(2) Such persons shall cease to hold office on resignation or on
attaining an age to be determined by Act of Parliament.
(3) In cases laid down by Act of Parliament such persons may
be suspended or dismissed by a court that is part of the
judiciary and designated by Act of Parliament.
(4) Their legal status shall in other respects be regulated by Act
of Parliament.
Article 118
(1) The members of the Supreme Court
(2) In the cases and within the limits laid down by Act of
Parliament, the Supreme Court shall be responsible for
annulling court judgements which infringe the law (cassation).
(3) Additional duties may be assigned to the Supreme Court by
Act of Parliament.
Article 119
Present and former members of the Parliament, Ministers, and
State Secretaries shall be tried by the Supreme Court for
offenses committed while in office. Proceedings shall be
instituted by Royal Decree or by a resolution of the Second
Chamber.
Article 120
The constitutionality of Acts of Parliament and treaties shall not
be reviewed by the courts.
Article 121
Except in cases laid down by Act of Parliament, trials shall be
held in public and judgements shall specify the grounds on
which they are based. Judgements shall be pronounced in
public.
Article 122
(1) Remission of sentence shall be granted by Royal Decree
upon the recommendation of a court designated by Act of
Parliament and with due regard to regulations to be laid down
by or pursuant to Act of Parliament.
(2) Pardons shall be granted by or pursuant to Act of
Parliament.
Article 123
(1) Provinces and municipalities may be dissolved and new ones
established by Act of Parliament.
(2) Revisions to provincial and municipal boundaries shall be
regulated by Act of Parliament.
Article 124
(1) The powers of provinces and municipalities to regulate and
administer their own internal affairs shall be delegated to their
administrative organs.
(2) Provincial and municipal administrative organs may be
required by or pursuant to Act of Parliament to provide
regulation and administration.
Article 125
(1) The provinces and municipalities shall be headed by
provincial and municipal councils respectively. Their meetings
shall be public except in cases provided for by Act of
Parliament.
(2) ln addition, the administration of a province shall consist of
the provincial executive and the King's Commissioner; the
administration of a municipality shall consist of the municipal
executive and the Mayor.
(3) King's Commissioners and Mayors shall preside over the
meetings of provincial councils and municipal councils
respectively.
Article 126
The King's Commissioner may also be charged by Act of
Parliament with the execution of official instructions to be given
by the Government.
Article 127
Provincial and municipal by-laws shall be enacted by the
provincial or municipal councils respectively, except in cases
specified by Act of Parliament or by them pursuant to an Act of
Parliament.
Article 128
Except in cases laid down in Article 123, the powers
referred to in Article 124 (1) may be assigned to bodies
other than those specified in Article 125 only by the
provincial or municipal councils respectively.
Article 129
(1) The members of provincial and municipal councils shall be
directly elected by Dutch nationals resident in the province or
municipality as the case may be who satisfy the requirements
laid down for elections to the Second Chamber of the
Parliament. The same conditions apply to membership.
(2) The members shall be elected by proportional representation
within the boundaries to be laid down by Act of Parliament.
(3) Articles 53 (2) and 59 shall apply.
(4) The duration of provincial and municipal councils shall be
four years unless otherwise provided for by Act of Parliament.
(5) The positions which may not be held simultaneously with
membership shall be specified by Act of Parliament. The Act
may also provide that obstacles to membership will arise from
family ties or marriage and that the commission of certain acts
designated by Act of Parliament may result in loss of
membership.
(6) The members shall not be bound by a mandate or
instructions when casting their votes.
Article 130
The right to elect members of a municipal council and the right
to be a member of a municipal council may be granted by Act
of Parliament to residents who are not Dutch nationals provided
they fulfil at least the requirements applicable to residents who
are Dutch nationals.
Article 131
The King's Commissioners and the Mayors shall be appointed
by Royal Decree.
Article 132
(1) Both the organization of provinces and municipalities and
the composition and powers of their administrative organs shall
be regulated by Act of Parliament.
(2) Supervision of the administrative organs shall be regulated
by Act of Parliament.
(3) Decisions by the administrative organs shall be subject to
prior supervision only in cases specified by or pursuant to Act
of Parliament.
(4) Decisions by the administrative organs may be quashed only
by Royal Decree and on the ground that they conflict with the
law or the public interest.
(5) Provisions in the event of non-compliance in matters of
regulation and administration required under Article
124 (2), shall be regulated by Act of Parliament.
Provisions may be made by Act of Parliament notwithstanding
Articles 125 and 127 in cases of gross neglect of duty
by the administrative organs of a province or municipality.
(6) The taxes which may be levied by the administrative organs
of provinces and municipalities and their financial relationships
with the central government shall be regulated by Act of
Parliament.
Article 133
(1) Insofar as it is not otherwise provided by or pursuant to Act
of Parliament, the establishment or dissolution of water control
boards, the regulation of their duties and organization together
with the composition of their administrative organs shall be
effected by provincial by-law according to rules laid down by
Act of Parliament.
(2) The legislative and other powers of the administrative
organs of water control boards and public access to their
meetings shall be regulated by Act of Parliament
(3) Supervision of these administrative organs by provincial and
other bodies shall be regulated by Act of Parliament. Decisions
by the administrative organs may be quashed only if they
conflict with the law or the public interest.
Article 134
(1) Public bodies for the professions and trades and other public
bodies may be established and dissolved by or pursuant to Act
of Parliament.
(2) The duties and organization of such bodies, the
composition, and powers of their administrative organs and
public access to their meetings shall be regulated by Act of
Parliament. Legislative powers may be granted to their
administrative organs by or pursuant to Act of Parliament.
(3) Supervision of the administrative organs shall be regulated
by Act of Parliament. Decisions by the administrative organs
may be quashed only if they are in conflict with the law or the
public interest.
Article 135
Rules pertaining to matters in which two or more public bodies
are involved shall be laid down by Act of Parliament. These
may provide for the establishment of a new public body, in
which case Article 134 (2) and (3), shall apply.
Article 136
Disputes between public bodies shall be settled by Royal Decree
unless they fall within the competence of the judiciary or
decisions are referred to other bodies by Act of Parliament.
Article 137
(1) An Act of Parliament shall be passed stating that an
amendment to the Constitution in the form proposed shall be
considered.
(2) The Second Chamber may divide a Bill presented for this
purpose into a number of separate Bills, either upon a proposal
presented by or on behalf of the King or otherwise.
(3) The two Chambers of the Parliament shall be dissolved after
the Act referred to in the first paragraph has been published.
(4) The newly elected Chambers shall consider the Bill and it
shall be passed only if at least two thirds of the votes cast are in
favor.
(5) The Second Chamber may divide a Bill for the amendment
of the Constitution into a number of separate Bills, either upon
a proposal presented by or on behalf of the King or otherwise,
if at least two-thirds of the votes cast are in favor.
Article 138
(1) Before Bills to amend the Constitution which have been
given a second reading have been ratified by the King,
provisions may be introduced by Act of Parliament whereby:
(a) the proposals adopted and the unamended provisions of the
Constitution are adjusted to each other as required;
(b) the division into chapters, sections, and articles and the
headings and numbering thereof are modified.
(2) A Bill containing provisions as referred to under
Paragraph (1)(a) shall be passed by the two Chambers only if at
least two-thirds of the votes cast are in favor.
Article 139
Amendments to the Constitution passed by the Parliament and
ratified by the King shall enter into force immediately after they
have been published.
Article 140
Existing Acts of Parliament and other regulations and decrees
which are in conflict with an amendment to the Constitution
shall remain in force until provisions are made in accordance
with the Constitution.
Article 141
The text of the revised Constitution shall be published by Royal
Decree in which the chapters, sections and articles may be
renumbered and references to them altered accordingly.
Article 142
The Constitution may be brought into line with the Charter for
the Kingdom of the Netherlands by Act of Parliament. Articles
139, 140 and 141 shall apply by analogy.
Article 1
Article 2 (4) shall enter into force after five years or
on such earlier date as may be prescribed by or pursuant to Act
of Parliament.
Article 2
Article 4 shall not apply to general representative
bodies existing at the time of the entry into force of Article
4 whose members are not elected in accordance with
the provisions of that article until such time as the election of
the members of the body in question is arranged in accordance
with Article 4.
Article 3
Insofar as it relates to the exercise other than in buildings or
enclosed areas of the right referred to in Article 6 (1),
Article 6 shall enter into force after five years or on
such earlier date as may be prescribed by or pursuant to Act of
Parliament.
Article 4
The following provision shall remain in force until such time as
statutory measures provide otherwise:
'The stipends, pensions and other forms of income of any sort
received by various religious denominations or their ministers
shall continue to be paid to the said denominations. Ministers
who do not receive a stipend from public funds, or who receive
one that is insufficient, may be awarded a stipend or their
existing stipend may be increased.'
Article 5
Insofar as it relates to the right of demonstration, Article
9 shall enter into force after five years or on such
earlier date as may be prescribed by or pursuant to Act of
Parliament.
Article 6
Article 10 (1) shall enter into force after five years or
on such earlier date as may be prescribed by or pursuant to Act
of Parliament. This period may be extended by Act of
Parliament for not more than five years. Different dates may
be set for the entry into force of the various areas of application
of Article 10 (1).
Article 7
Article 11 shall enter into force after five years or on
such earlier date as may be prescribed by or pursuant to Act of
Parliament. This period may be extended by Act of Parliament
for not more than five years. Different dates may be set for the
entry into force of the various areas of application of Article
11.
Article 8
Except insofar as it relates, with respect to privacy of
correspondence, to the mail or such other public body as may
be entrusted with the carriage of mail, Article 13 shall
enter into force after five years or on such earlier date as may
be prescribed by or pursuant to Act of Parliament.
Article 9
Article 16 shall not apply to offenses made punishable
under the Wartime Offenses Decree.
Article 10
Article 19 (3) shall enter into force after five years or
on such earlier date as may be prescribed by or pursuant to Act
of Parliament.
Article 11
The wording of the oaths and affirmations laid down in Articles
44, 53, and 54 of the 1972 text of the
Constitution shall remain in force until provision is made by
Act of Parliament.
Article 12
Article 86 (5) and (6) of the 1972 text of the
Constitution shall remain in force until the Act of Parliament
referred to in Article 49 has entered into force.
Article 13
Persons who are members of the Second Chamber when Article
52 enters into force shall vacate their seats at the
beginning of the session of the Chamber elected under Article
55 unless the Chamber is dissolved earlier. Anyone
replacing a member who dies or ceases to hold office before
that date shall also vacate his seat at the start of the
aforementioned period.
Article 14
(1) As long as the right of Dutch nationals who are not
residents of the Netherlands to vote in elections to the Second
Chamber of the Parliament is not compatible with the Charter
for the Kingdom of the Netherlands, Article 54 (1)
shall read:
'The members of the Second Chamber shall be directly elected
by Dutch nationals who are resident in the Netherlands and
have attained the age of eighteen'.
(2) The time at which Article 54 (1) shall enter into
force in the version referred to above shall be laid down by
Royal Decree.
Article 15
An Act of Parliament shall determine which of those persons
disqualified from voting when the Act of Parliament adjusting
the statutory provisions relating to disqualification from voting
in accordance with Article 54 entered into force shall
continue to be disqualified thereafter.
Article 16
Article 56 shall read twenty-one years in place of
eighteen years until such time as the statutory age of majority is
lowered to eighteen years. The time at which the first
mentioned version shall enter into force shall be laid down by
Royal Decree.
Article 17
Article 106 (4) of the 1972 version of the Constitution
shall remain in force until an Act of Parliament containing the
relevant provisions has been passed.
Article 18
Articles 97 and 101 (2) of the 1972 version of
the Constitution shall remain in force until the Act of
Parliament referred to in Article 60 has entered into
force.
Article 19
The wording of the proclamation of Acts of Parliament as laid
down in Article 81 of the 1972 version of the
Constitution, the wording of messages accompanying bills sent
from one Chamber to the other or to the King and of the King's
message to the Parliament containing his decision on the Bill, as
laid down in Articles 123, 124, 127, 128, and 130 of
the 1972 version of the Constitution, shall remain in force until
such time as other arrangements are made.
Article 21
The provisions of the following articles of the 1972 version of
the Constitution shall remain in force until a relevant Act of
Parliament has been passed:
(a) Articles 61 and 64, with reference to tacit
approval;
(b) Article 62.
The provisions of Articles 61 and 64 of the
1972 version of the Constitution shall remain in force with
regard to the tacit approval of agreements affecting the
Netherlands Antilles as long as Article 24 of the 1975 version
of the Charter for the Kingdom of the Netherlands applies.
Article 22
Article 201 (4) of the 1972 version of the Constitution
shall remain in force for five years or for a shorter period to be
laid down by or pursuant to Act of Parliament.
Article 23
Article 15 (2) may be disregarded by Acts of
Parliament as referred to in Article 103 (1) for a period
of five years after the entry of the latter article into force.
Article 24
Generally binding provisions regarding the legal status of public
servants that do not derive from an Act of Parliament may be
amended in the same way as they were established until the
entry into force of an Act regulating the said legal status.
Article 25
Article 74 (1) of the 1972 version of the Constitution
shall remain in force until an Act of Parliament containing the
relevant provisions has been passed.
Article 26
Article 122 (1) shall enter into force after five years or
on such earlier date as may be prescribed by or pursuant to Act
of Parliament. Until then, the provisions of Article 77 (1)
and (2) of the 1972 version of the Constitution shall remain
in force.
Article 27
As long as the age at which statutory minority ends has not
been lowered to eighteen years, members of provincial and
municipal councils shall be required, notwithstanding Article
129 (1), to have attained the age of twenty-one. The
point at which the exception to Article 129 referred to
in the previous sentence shall cease to apply shall be laid down
by Royal Decree.
Article 28
Article 130 shall not enter into force as long as the
grant of the right to vote and to stand for election in elections to
municipal councils to residents who are not Netherlands
nationals is not compatible with the Charter of the Kingdom of
the Netherlands. The time at which the article shall enter into
force shall be laid down by Royal Decree.
Article 29
Provisions in other regulations than the Act of Parliament under
whose provisions disputes between public bodies are settled
other than by Royal Decree shall remain in force for five years
provided that settlement of such disputes has not been provided
for by Act of Parliament within this period.