Netherlands

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THE NETHERLANDS The Netherlands is a constitutional monarchy with a parliamentary system of government. The ruling monarch, Queen Beatrix, is the Head of State. Holland's parliament (Staten Generaal) consists of an Upper House and Lower House, with members elected by the country's provincial councils and the general electorate, respectively, using a system of proportional representation. The seat of government is The Hague. The political system of the Netherlands is characterized by a large number of political parties, many of whom are represented in government. Traditionally, the dominant political parties have included the Labor Party (PvdA), the Christian Democrats (CDA) and the Liberals (VVD). The Head of State and the Prime Minister are responsible for signing laws and Acts passed by parliament, and Cabinet Ministers and State Secretaries are responsible for their implementation. Each year, Queen Beatrix delivers the Troonrede speech, which sets out the government policies for the year ahead. Traditionally, the Netherlands has enjoyed a relatively stable political system which reflects the consensual and efficient organization of Dutch life in general and is based on what has been termed the "poldermodel", derived from the word for an area of land surrounded by protective dikes to protect it from high waters. In a similar way, it is argued, life in the Netherlands is highly organized and planned, and has traditionally been inclusive of different views and attitudes, with politics being based on negotiation and consensus rather than conflict. This is also reflected in the tolerant attitudes held by many Dutch people which have resulted in the country's liberal laws governing, for example, sexual practices and drugs. In recent years, however, the polder model has been seriously shaken by a number of major political upheavals and scandals and two political murders, linked to growing public concerns about immigration and international

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A handout about the politics and government of Netherlands.

Transcript of Netherlands

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THE NETHERLANDS

The Netherlands is a constitutional monarchy with a parliamentary system of government. The ruling monarch, Queen Beatrix, is the Head of State. Holland's parliament (Staten Generaal) consists of an Upper House and Lower House, with members elected by the country's provincial councils and the general electorate, respectively, using a system of proportional representation. The seat of government is The Hague.

The political system of the Netherlands is characterized by a large number of political parties, many of whom are represented in government. Traditionally, the dominant political parties have included the Labor Party (PvdA), the Christian Democrats (CDA) and the Liberals (VVD).

The Head of State and the Prime Minister are responsible for signing laws and Acts passed by parliament, and Cabinet Ministers and State Secretaries are responsible for their implementation. Each year, Queen Beatrix delivers the Troonrede speech, which sets out the government policies for the year ahead.

Traditionally, the Netherlands has enjoyed a relatively stable political system which reflects the consensual and efficient organization of Dutch life in general and is based on what has been termed the "poldermodel", derived from the word for an area of land surrounded by protective dikes to protect it from

high waters. In a similar way, it is argued, life in the Netherlands is highly organized and planned, and has traditionally been inclusive of different views and attitudes, with politics being based on negotiation and consensus rather than conflict. This is also reflected in the tolerant attitudes held by many Dutch people which have resulted in the country's liberal laws governing, for example, sexual practices and drugs.

In recent years, however, the polder model has been seriously shaken by a number of major political upheavals and scandals and two political murders, linked to growing public concerns about immigration and international terrorism. In 2002, the politician Pim Fortuyn, who had risen to fame on an anti-immigration platform, was killed, and 2004 saw the murder of Theo Van Gogh, who had made a controversial film on the position of women in Islamic society.

A period of considerable political instability followed, which included the collapse, over immigration issues, of Prime Minister Balkenende's center-right coalition in June 2006, and an interim period of temporary government followed until Balkenende was re-appointed in February 2007 as the head of a three-party centrist coalition consisting of the Christian Democrats, the Labor Party and the Christian Union. This new government plans more moderate economic reforms than its predecessor, which had come up against considerable public protest, and is taking a softer line on immigration policy.

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The Netherlands also has provincial and municipal governments with responsibility for the administration of various aspects of life in the Netherlands. Municipal governments generally deal with issues such as education, health, recreation and water supply, while provincial governments have responsibilities including environmental issues, urban and rural planning, sports and cultural affairs.

All EU citizens aged 18 or over who are resident in the Netherlands on the day that candidates are nominated, and non-EU nationals who have lived in the Netherlands for at least 5 years, are eligible to vote in municipal elections and EU citizens are also entitled to vote in European Parliament elections. EU nationals living in Holland can stand for Dutch elections to the European Parliament, while non-Dutch nationals can also stand for election to municipal councils if they are also resident in the Netherlands at the time of being admitted to the municipal council. Members of consular or diplomatic staff and their family members who are residing in the Netherlands are not allowed to vote.

Politics of the Netherlands

The politics of the Netherlands take place within the framework of a parliamentary representative democracy, a constitutional monarchy and a decentralized unitary state. The Netherlands is described as a consociation state. Dutch politics and governance are characterized

by a common striving for broad consensus on important issues, within both the political community and society as a whole.

Summary

Monarchy

Kingo Willem-Alexander

Council of Ministerso Minister Plenipotentiary of Arubao Minister Plenipotentiary of Curacaoo Minister Plenipotentiary of Sint Maarten

Cabinet

Prime Ministero Mark Rutte (current)

Deputy Prime Ministero Lodewijk Asscher

Cabineto 69th Cabinet

States-General

Senateo President

Fred de Graaf House of Representatives

o President Anouchka van Mittenburg

Parliamentary Committees

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Judiciary

Supreme Court High Councils of States

o National Ombudsmano Council of Stateo Court of Audit

Constitution

The constitution lists the basic civil and social rights of the Dutch citizens and it describes the position and function of the institutions that have executive, legislative and judiciary power.

It should be noted that the constitution of the Netherlands is only applicable in the European part of the Kingdom of the Netherlands. The Kingdom as a whole has its own Statute, describing its federate political system which also includes the Caribbean islands of Aruba, Curaçao and Sint Maarten and Caribisch Nederland, the islands Bonaire, Sint Eustatius and Saba.

The Netherlands do not have a Constitutional Court and judges do not have the authority to review laws on their constitutionality. International treaties and the Statute of the Kingdom, however, overrule Dutch law and the constitution and judges are allowed to review laws against these in a particular court case. Furthermore all legislation that is not a law in the strict sense of the word (such as policy guidelines or laws proposed by provincial or municipal government) can be tested on their constitutionality.

Amendments to the constitution must be approved by both Houses of the States-General (Staten Generaal) twice. The first time around, this requires a majority vote. After parliament has been dissolved and general elections are held, both Houses must approve the proposed amendments with a two-thirds vote.

Political institutions

Major political institutions are the monarchy, the cabinet, the States-General (parliament) and the judicial system. There are three other High Colleges of state, which stand on equal foot with parliament but have a less political role, of which the Council of State is the most important. Other levels of government are the municipalities, the water boards and the provinces. Although not mentioned in the constitution, political parties and the social partners organized in the Social Economic Council are important political institutions as well.

It is important to realize that the Netherlands does not have a traditional separation of powers: according to the constitution the States-General and the government (the King and cabinet) share the legislative power. All legislation has to pass through the Council of State (Dutch: Raad van State) for advice and the social-economic council advises the government on most social-economic legislation. The executive power is reserved for

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government. Note however that the Social-Economic Council has the special right to make and enforce legislation on several sectors, mostly in agriculture.

The judicial power is divided into two separate systems of courts. For civil and criminal law the independent Supreme Court is the highest court. For administrative law the Raad van State is the highest court, which is ex officio chaired by the King.

MonarchyThe Netherlands has been a monarchy since

March 16, 1815, but has been governed by members of the House of Orange-Nassau (by chosen and later hereditary stadtholders) since 1556, when William of Orange-Nassau was appointed stadtholder and led the successful Dutch Revolt against Spain.

The present monarchy was originally founded in 1813. After the expulsion of the French, the Prince of Orange was proclaimed Sovereign Prince of The Netherlands. The new monarchy was confirmed in 1815 at the Congress of Vienna as part of the re-arrangement of Europe after the fall of Napoleon Bonaparte. The House of Orange-Nassau were given the present day Netherlands and Belgium to govern as

the United Kingdom of the Netherlands. Between 1815 and 1890, the King of the Netherlands was also Grand Duke of Luxembourg.

The current monarch is Willem-Alexander. The heir apparent is the Princess of Orange, Catharina-Amalia.

Willem-Alexander of the Netherlands, the current Dutch monarch

Constitutionally, the King is head of state and has a role in the formation of government and in the legislative process. He has to co-sign every law to make it valid. The monarch is also ex officio chair of the Council of State, which advises the cabinet on every piece of legislation and is the final court for administrative law. Although the King takes these functions seriously, he refrains from exerting his power in these positions. The King also plays a central role in the formation of a cabinet after general elections or a cabinet crisis. Since coalition cabinets of two or more parties are the rule, this process has influence on government policy for years to come. He appoints the (in)formateur, who chairs the formation talks, after consulting the leaders of all parties represented in parliament. When the formation talks have been concluded the King appoints the cabinet. Because this advice is a matter of public record, the King cannot easily take a direction which is contrary to the advice of a

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majority in parliament. On the other hand, what is actually talked about behind the closed doors of the palace is not known. When a cabinet falls, the prime minister has to request the King to dismiss the cabinet.

Prime Minister Mark Rutte (2010-present)

CabinetThe government of the Netherlands

constitutionally consists of the King and the cabinet ministers. The King's role is limited to the formation of government and he does not actively interfere in daily decision-making. The ministers together form the Council of Ministers. This executive council initiates laws and policy. It meets every Friday in the Trêveszaal at the Binnenhof. While most of the ministers head government ministries, since 1939 it has been permissible to appoint ministers without portfolio.

Political partiesThe system of proportional representation,

combined with the historical social division between Catholics, Protestants, Socialists and Liberals has resulted in a multiparty system. The major political parties are CDA, PvdA, and VVD. The parties currently represented in the Dutch House of Representatives are: Christian Democratic Appeal (CDA), a Centre-

right Christian Democratic Party. It holds to the principle that government activity should supplement but not supplant communal action by citizens. The CDA puts its philosophy between the "individualism" of the VVD and the "statism" of the PvdA.

The Labor Party (PvdA), a social democratic, Centre Labor Party. Its program is

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moderately progressive and focused on issues such as employment, social security and healthcare.

The Party for Freedom (PVV), an anti-Islam Populist Party founded and dominated by Geert Wilders, formerly of the VVD. Its philosophy is based on opposition to immigration and European integration and populist socialism.

The Socialist Party (SP), in its first years a radical socialist/communist party, a Maoist split from the Communist Party Netherlands, is now a big socialist party, very progressive on economic issues and advocating more socialism, government control but at the same time taking more conservative positions on issues like integration and national identity than the PvdA, generally populist.

The People's Party for Freedom and Democracy (VVD), a conservative liberal party. It has some sympathy for private enterprise and economic freedom compared to other Dutch parties. VVD has supported prioritizing security over civil liberties.

Democrats 66 (D66), a Social-Liberal party. The party supports liberal policies on social issues. D66 is also a supporter of European integration and some non-fundamental economic reform. The party supports open immigration, secularism, EU integration, and is relatively supportive of civil liberties and privacy.

Green Left (GroenLinks) combines, as its name implies green environmentalist ideals with left (socialist) leanings. The party is strongly in favor of the multicultural society, government control of the economy, high taxes, social engineering and believes strongly in man-made global warming.

Christian Union (ChristenUnie), a Christian-democratic party made up by mostly orthodox Protestant Christians, with conservative stances on abortion, euthanasia and gay marriage. In other areas the party is considered center-left, for instance on immigration, welfare state and environment.

The Party for the Animals is a single-issue animal rights party with natural affinity for environmental issues. In general, the party is considered left-wing.

The Political Reformed Party (SGP), the most orthodox Protestant party with conservative policies: government is only to serve God. It is a testimonial party. Only in 2006 and after heavy political pressure were women allowed to be members of this party. Reliably earns 2 out of 150 seats in parliament.

Council of State

The Council of State is an advisory body of cabinet on constitutional and judicial aspects of legislature and policy. All laws proposed by the cabinet have to be sent to the Council of State for advice.

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Although the advice is not binding, the cabinet is required to react to the advice and it often plays a significant role in the ensuing debate in Parliament. In addition the Council is the highest administrative court.

The Council is ex officio chaired by the Monarch. The probable heir to the throne becomes a member of the Council when reaching legal adulthood. The Monarch leaves daily affairs to the vice-chair of the Council, Piet Hein Donner and the other councillors, who are mainly legal specialists, former ministers, members of parliament and judges or professors of law.

High Councils of StateThe Dutch political system has five so called

the High Councils of State, which are explicitly regarded as independent by the Constitution. Apart from the two Houses of Parliament and the Council of State, these are the Netherlands Court of Audit and the National Ombudsman.

The Court of Audit investigates whether public funds are collected and spent legitimately and effectively. The National Ombudsman investigates complaints about the functioning and practices of government. As with the advice of the Council of State, the reports from these organizations are not easily put aside and often play a role in public and political debate.

Judicial systemThe judiciary comprises eleven district courts,

four courts of appeal, three administrative courts of appeal (Central Appeals Tribunal, Trade and Industry Appeals Tribunal and Council of State) and the Supreme Court. All judicial appointments are made by the Government. Judges are appointed for life until they retire at the age of 70.

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Advisory councilsAs part of the Dutch tradition of depoliticized

consensus decision making, the government often makes use of advisory councils composed out of academic specialists or stake holders.

The most prominent advisory council is the Social-Economic Council (Sociaal Economische Raad, SER). It is composed of trade unions, employers' organizations and government-appointed specialists. It is consulted at an early stage in financial, economic and social policymaking. It advises government and its advice, just like the advice of the High Colleges of State, cannot easily be set aside. The SER heads a system of PBOs, self-regulating organizations that can make laws for specific economic sectors.

Other prominent advisory councils are the Bureau for Economic Policy Analysis, which forecasts economic development; the Statistics Netherlands which studies social and economic developments; the Social and Cultural Planning Office, which studies long term social and cultural trends; the Netherlands National Institute for Public Health and the Environment which advises the government on environmental and health issues; and the Scientific Council for Government Policy, which advises the government on long term social, political and economic trends.

Subnational government

Regional government in the Netherlands is formed by twelve provinces. Provinces are responsible for spatial planning, health policy and recreation, within the bounds prescribed by the national government. Furthermore they oversee the policy and finances of municipalities and water boards. The executive power is in hands of the King's Commissioner and the College of the Gedeputeerde Staten. The King's Commissioner is appointed by the national Cabinet and responsible to the Minister of the Interior and Kingdom Relations. Members of the Gedeputeerde Staten are appointed by, and responsible to the provincial legislature, the States Provincial, which is elected by direct suffrage.

Local government in the Netherlands is formed by 418 municipalities. Municipalities are responsible for education, spatial planning and social security, within the bounds prescribed by the national and provincial government. They are governed by the College of Mayor and Aldermen. The Mayor is appointed by the national Cabinet and responsible to the Minister of the Interior and Kingdom Relations. The Aldermen are appointed by, and responsible to the Municipal Council, which is elected by direct suffrage. Local government on the Caribbean Netherlands is formed by three public bodies sometimes called special municipalities who do not fall within a province. They are governed by a Lieutenant-general (Dutch:gezaghebber) and "eilandgedeputeerden" which are responsible to the island council, which is elected by direct suffrage.

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Their activities are similar but wider than to municipalities.

The major cities of Amsterdam and Rotterdam are subdivided into administrative areas (stadsdelen), which have their own (limited) responsibilities.

Furthermore there are water boards which are responsible for the country's polders, dikes and other waterworks. These bodies are elected in non-partisan elections and have the power to tax their residents.