Sun, 30 Apr 2000

The Netherlands' monarchical government

The Dutch government comprises not only ministers and their state secretaries (junior ministers), but also the monarch. This makes the Netherlands unusual among West European monarchies, most of which exclude the monarch from government. The Netherlands has been a constitutional monarchy with a parliamentary system since the Constitution was radically revised in 1848. The Constitution sets out the division of powers between the monarch and other institutions of government. Ministers are accountable to Parliament for the government's actions, but the monarch has no political responsibility and is not therefore accountable to Parliament.

Queen Beatrix on Children's Day

The monarch's many official duties include delivering the annual Speech from the Throne, which sets out the government's legislative plans for the coming parliamentary year. It is always given at the State Opening of Parliament on the third Tuesday in September ("Prinsjesdag").

The monarch also plays an important part in forming new governments. After a general election, she meets with the leaders of the parliamentary parties, the speakers of both Houses of Parliament, and the vice-president of the Council of State. Then, acting on their advice, she appoints a senior political figure (the informateur) to find out which parties are willing to form a coalition government. No single party has ever achieved an overall majority in the Dutch Parliament.

If some parties are clearly willing to join forces, there is no need for an informateur. Negotiations among them will eventually lead to a coalition agreement, that is, a statement of the prospective government's intentions for four years in office. The monarch will then appoint one of the coalition party leaders as formateur and instruct him to form a government. The formateur usually becomes Prime Minister.

After their first official meeting, the members of the new government are sworn in by the monarch. They are appointed by royal decree, which really means that they appoint themselves. The royal decree is signed by the monarch and co-signed by the Prime Minister on behalf of his government colleagues.

The monarch's other official duties include meeting regularly with the Prime Minister, other members of the government, and prominent figures in economic and cultural life.

The ministers together make up the Cabinet, which is chaired by the Prime Minister. The Cabinet's duties include carrying out the day-to-day business of government, preparing and implementing legislation, overseeing local government, and maintaining international relations. The current Dutch Cabinet has 15 ministers, responsible for: * General Affairs * The Interior and Kingdom Relations * Urban Policy and Integration of Ethnic Minorities * Foreign Affairs * Development Cooperation * Defense * Economic Affairs * Finance * Justice * Agriculture, Nature Management and Fisheries * Education, Culture and Science * Social Affairs and Employment * Transport, Public Works and Water Management * Health, Welfare and Sport * Housing, Spatial Planning and the Environment

The Minister for Development Cooperation and the Minister for Urban Policy and Integration of Ethnic Minorities are ministers without portfolio. In other words, they do not head their own ministries. The former is attached to the Ministry of Foreign Affairs and the latter to the Ministry of the Interior and Kingdom Relations.

As well as ministers, the government includes state secretaries, who perform some ministerial duties but are not members of the Cabinet.

Unlike some other countries, incidentally, the Netherlands uses the term "minister of state" to refer not to an office but to an honorary title granted by the monarch, usually to former ministers.

The Dutch Constitution provides for three High Councils of State: the Council of State proper, the Court of Audit, and the Office of the National Ombudsman.

The Council of State is the oldest of these three institutions. Founded by Emperor Charles V in 1531, it is still the government's chief advisory body. The government has to seek the Council of State's advice on all proposed legislation, orders in council, and motions seeking parliamentary approval for international agreements, though it is not bound to follow this advice. The Council of State may also make its own legislative and administrative proposals, and it serves as the highest administrative tribunal in the Netherlands (see The Rule of Law below).

The Court of Audit oversees the government's financial management. It audits the raising and spending of public revenue by central government, individual ministries, semi-public enterprises, and legal entities partly funded by central government. The provinces, municipalities, and water boards fall outside its domain. The Court audits both the regularity and efficiency of financial management. It has three members, one of whom is designated President by the government.

The Office of the National Ombudsman was set up in 1982 to meet the demand for an independent non-judicial body to oversee how the government deals with individual citizens. Anyone may request the Office to investigate the conduct of a government body, and it may launch its own investigations. At the end of an investigation, the Office first sends its conclusions to the people concerned, who then have a chance to respond.

Once they have done so, the Office publishes its final report stating whether, in its opinion, the public body investigated acted improperly. The final report may also make recommendations. The National Ombudsman is appointed for six years by the Lower House of Parliament. He is entirely independent and reports to the Lower House once a year.

As well as these High Councils of State, the government also has access to a number of advisory bodies, the best known being the Socio-Economic Council (SER), in which the government meets with representatives of employers and employees. The SER also oversees regulatory industrial organizations such as the marketing and industry boards, and it implements some legislation, including the Works Councils Act.