Constitution

Netherlands 1814 Constitution (reviewed 2008)

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Table of Contents

CHAPTER 5. Legislation and Administration

§1. Acts of Parliament and Other Regulations

Article 81

Acts of Parliament shall be enacted jointly by the Government and the States General.

Article 82

  1. Bills may be presented by or on behalf of the King or by the Lower House of the States General.
  2. Bills which require consideration by a joint session of the States General may be presented by or on behalf of the King or by a joint session of the States General insofar as this is consistent with the relevant articles of Chapter 2.
  3. Bills to be presented by the Lower House or by a joint session of the States General shall be introduced in the House 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 Lower House or to the joint session if consideration by a joint session of the States General is required.

Article 84

  1. A Bill presented by or on behalf of the King that has not yet been passed by the Lower House or by a joint session of the States General may be amended by the House 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 Lower House or a joint session of the States General that has not yet been passed may be amended by the House 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 Lower House passes a Bill or resolves to present a Bill, it shall send it to the Upper House which shall consider the Bill as sent to it by the Lower House. The Lower House may instruct one or more of its members to defend a Bill presented by it in the Upper House.

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Article 86

  1. A Bill may be withdrawn by or on behalf of the proposer until such time as it is passed by the States General.
  2. A Bill which is to be presented by the Lower House or by a joint session of the States General may be withdrawn by the member or members introducing it until such time as it is passed.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 States General and ratified by the King.
  2. The King and the States General 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. Orders in council 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 orders in council shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
  4. The second and third paragraphs shall apply mutatis mutandis to other generally binding regulations established by the State.

§2. Miscellaneous Provisions

Article 90

The Government shall promote the development of the international legal order.

Article 91

  1. The Kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the States General. 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 Houses of the States General 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 paragraph 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 States General.
  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 Houses of the States General shall consider and decide upon the matter in joint session.
  4. The provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased.

Article 97

  1. There shall be armed forces for the defense and protection of the interests of the Kingdom, and in order to maintain and promote the international legal order.
  2. The Government shall have supreme authority over the armed forces.

Article 98

  1. The armed forces shall consist of volunteers and may also include conscripts.
  2. Compulsory military service and the power to defer the call-up to active service shall be regulated by Act of Parliament.

Article 99

Exemption from military service because of serious conscientious objections shall be regulated by Act of Parliament.

Article 99a

Duties may be assigned for the purpose of civil defense in accordance with rules laid down by Act of Parliament.

Article 100

  1. The Government shall inform the States General in advance if the armed forces are to be deployed or made available to maintain or promote the international legal order. This shall include the provision of humanitarian aid in the event of armed conflict.
  2. The provisions of paragraph 1 shall not apply if compelling reasons exist to prevent the provision of information in advance. In this event, information shall be supplied as soon as possible.

Article 101

(Lapsed in accordance with Kingdom Act of 10 July 1995, Bulletin of Acts and Decrees, 401)

Article 102

(Lapsed in accordance with Kingdom Act of 22 June 2000, Bulletin of Acts and Decrees, 294)

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 boards (waterschappen), 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 and 12 paragraphs 2 and 3, Article 13 and Article 113 paragraphs I 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 States General shall decide the duration of the state of emergency. The two Houses of the States General shall consider and decide upon the matter in joint session.

Article 104

Taxes imposed by the State shall be levied pursuant to Act of Parliament. Other levies imposed by the State shall be regulated by Act of Parliament.

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 States General in accordance with the provisions of the relevant Act of Parliament. The balance sheet approved by the Court of Audit shall be presented to the States General.
  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

(Lapsed in accordance with Kingdom Act of 25 February 1999, Bulletin of Acts and Decrees, 133)

Article 109

The legal status of public servants shall be regulated by Act of Parliament. Rules regarding employment protection and codetermination 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.

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