CHAPTER 6. The Administration of Justice
Article 112
- The adjudication of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.
- Responsibility for the adjudication 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 that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.
Article 113
- The trial of offences shall also be the responsibility of the judiciary.
- Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
- A sentence entailing deprivation of liberty may be imposed only by the judiciary.
- 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, paragraph 2.
Article 116
- The courts which form part of the judiciary shall be specified by Act of Parliament.
- The organization, composition and powers of the judiciary shall be regulated by Act of Parliament.
- In 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.
- The supervision by 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 fulfill their duties shall be regulated by Act of Parliament.
Article 117
- 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.
- Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
- 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.
- Their legal status shall in other respects be regulated by Act of Parliament.
Article 118
- The members of the Supreme Court of the Netherlands shall be appointed from a list of three persons drawn up by the Lower House of the States General.
- In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgments which infringe the law (cassation).
- Additional duties may be assigned to the Supreme Court by Act of Parliament.
Article 119
Present and former members of the States General, Ministers and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted by Royal Decree or by a resolution of the Lower House.
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 judgments shall specify the grounds on which they are based. Judgments shall be pronounced in public.
Article 122
- Pardons 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.
- Amnesty shall be granted by or pursuant to Act of Parliament.
