CHAPTER 7. Provinces, Municipalities, Water Boards and Other Public Bodies
Article 123
- Provinces and municipalities may be dissolved and new ones established by Act of Parliament.
- Revisions to provincial and municipal boundaries shall be regulated by Act of Parliament.
Article 124
- The powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs.
- Provincial and municipal administrative organs may be required by or pursuant to Act of Parliament to provide regulation and administration.
Article 125
- 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.
- In addition, the administration of a province shall consist of the provincial executive and the King’s Commissioner (Commissaris van de Koning); the administration of a municipality shall consist of the municipal executive (College van Burgemeester en Wethouders) and the mayor.
Article 126
The King’s Commissioner may be charged by Act of Parliament with the execution of official instructions to be given by the Government.
Article 127
Provincial and municipal ordinances 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, paragraph I may be assigned to bodies other than those specified in Article 125 only by the provincial or municipal councils respectively.
Article 129
- 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 Lower House of the States General. The same conditions apply to membership.
- The members shall be elected by proportional representation within the boundaries to be laid down by Act of Parliament.
- Articles 53, paragraph 2, and 59 shall apply. Article 57a shall apply mutatis mutandis.
- The duration of provincial and municipal councils shall be four years unless otherwise provided for by Act of Parliament.
- 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.
- 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 fulfill 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
- Both the organization of provinces and municipalities and the composition and powers of their administrative organs shall be regulated by Act of Parliament.
- Supervision of the administrative organs shall be regulated by Act of Parliament.
- Decisions by the administrative organs shall be subject to prior supervision only in cases specified by or pursuant to Act of Parliament.
- Decisions by the administrative organs may be quashed only by Royal Decree and on the grounds that they conflict with the law or the public interest.
- Provisions in the event of non-compliance in matters of regulation and administration required under Article 124, paragraph 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.
- 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
- Insofar as it is not otherwise provided by or pursuant to Act of Parliament, the establishment or dissolution of water boards (waterschappen), the regulation of their duties and organization together with the composition of their administrative organs shall be effected by provincial ordinance according to rules laid down by Act of Parliament.
- The legislative and other powers of the administrative organs of water boards and public access to their meetings shall be regulated by Act of Parliament.
- 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
- Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.
- 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.
- 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, paragraphs 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.
