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Netherlands - Constitution 1972 (Extracts) Index Page Document Table of Contents

    { Provisions which are to remain in force: }

 

[Part 1  Affirmations]

 
Article 44
On assuming the regency the regent shall take the following oath or make the following affirmation at a united assembly of the Parliament, which oath or affirmation shall be administered by the President:
"I swear (affirm) allegiance to the King; I swear (affirm) that in exercising royal authority, as long as the King is a minor (as long as the King is unable to exercise government, or as long as the exercise of royal authority has been relinquished), I will always observe and uphold the Constitution.  I swear (affirm) that I will defend and preserve, with all my power, the independence and the territory of the State; that I will protect the general and particular liberty and the rights of each and all of the King's subjects, and will employ, for the maintenance and promotion of the general and particular welfare, all the means which the laws place at my disposal, as a good and true regent should do.  So help me, God Almighty! (This I affirm!)"
 
Article 53
At this assembly the King shall take the following oath, or make the following affirmation, on the Constitution:
"I swear (affirm) to the Netherlands people that I will always observe and uphold the Constitution.  I swear (affirm) that I will defend and preserve, with all my power, the independence and territory of the State; that I will protect the general and particular liberty and the rights of each and all of my subjects, and will employ for the maintenance and promotion of the general and particular welfare, all the means which the laws place at my disposal, as a good King should do.  So help me God Almighty! (This I affirm!)"
 
Article 54
After he has taken the oath or made the affirmation, homage shall be done to the King at the same assembly by the Parliament whose President shall pronounce the following solemn declaration, which shall then be sworn or confirmed by him and by each of the members individually:
"We receive you and do homage to you as King in the name of the Netherlands people and by virtue of the Constitution; we swear (affirm) that we will uphold your inviolability and the rights of your crown; we swear (affirm) that we will do everything that good and true Parliament should do.  So help us, God Almighty! (This we affirm!)"
 
Article 60
Agreements with other Powers and with organizations based on international law shall be concluded by or by authority of the King.  If required by such agreements they shall be ratified by the King.  The agreements shall be communicated to the Parliament as soon as possible; they shall not be ratified and they shall not enter into force until they have received the approval of the Parliament.  The courts shall not be competent to pronounce on the constitutionality of agreements.
 
Article 61
Approval shall be given either explicitly or implicitly.  Explicit approval shall be given by an Act of Parliament.  Implicit approval has been given if, within thirty days after the agreement has been submitted for that purpose to both Chambers of the Parliament, no statement has been made by oron behalf of either Chamber or by at least one fifth of the constitutional number of members of either Chamber, expressing the wish that the agreement shall be subject to explicit approval.  The period referred to in the previous paragraph shall be suspended for the time of the adjournment of the Parliament.
 
Article 62
Except in the case referred to in Article 63, approval shall not be required:
(a) if the agreement is one with respect to which this has been laid down by law;
(b) if the agreement is exclusively concerned with the execution of an approved agreement, provided the Act regulating the approval does not contain any reservations in this respect;
(c) if the agreement does not impose considerable pecuniary obligations on the Kingdom and if it has been concluded for a period not exceeding one year;
(d) if in exceptional cases of a compelling nature it would be clearly detrimental to the interests of the Kingdom if the agreement were not to enter into force before it has been approved.
An agreement as referred to under (d) shall, however, be submitted to the approval of the Parliament without delay.  In this case Article 61 applies.  If the Parliament withholds its approval, the agreement shall be terminated as soon as shall be compatible with the provisions of the agreement.  An agreement shall only be concluded subject to the reservation that it shall be terminated if the Parliament withholds its approval, unless this is clearly detrimental to the interests of the Kingdom.
 
Article 63
If the development of the international legal order makes it necessary, the contents of an agreement may deviate from certain provisions of the Constitution.  In such cases only explicit approval can be given; the Chambers of the Parliament may only approve a Bill to that effect with a two-thirds majority of the votes cast.
 
Article 64
The provisions of the four preceding articles shall similarly apply to any accession to or any denunciation of agreements.
 

[Part 2  King's Activity]

 
Article 74
The King confers nobility.
 
Article 77
(1) The King shall have the right to grant pardon in respect of penalties inflicted by judicial sentence.
(2) He shall exercise this right after having ascertained the opinion of the judge designated for the purpose by general administrative measure.
 
Article 81
The form of promulgating laws shall be as follows:
"We, &c., King of the Netherlands, &c.; Greetings to all those who shall see or hear these presents! Be it known: Whereas we have taken into consideration that, &c., (The reasons of the law) Thus it is that We, having heard the Council of State, and in consultation with the Parliament, have thought fit and decreed, as we think fit and decree hereby, &c.  (The contents of the law) Given, &c."
In the event that a Queen reigns or royal authority is exercised by a regent or by the Council of State, the necessarymodification shall be made in this form.
 
Article 86
(1) {...}
(2) {...}
(3) {...}
(4) {...}
(5) On assuming office they shall take the following oath or make the following affirmation, which oath or affirmation shall be administered by the King:
"I swear (promise) allegiance to the King and to the Constitution; I swear (affirm) that I will faithfully perform all the duties which the office of a minister lays upon me.  So help me God Almighty! (This I affirm!)"
(6) Before being permitted to take this oath or make this affirmation, they shall take the following oath (make the following declaration and affirmation):
"I swear (declare) that in order to be appointed minister, I have not promised or given, directly or indirectly, any gifts or presents to any person under whatsoever name or pretext.  I swear (affirm) that in order to do or refrain from doing anything whatsoever in this office, I will not accept, directly or indirectly, any promises or presents from anyone whomsoever.  So help me, God Almighty! (This I declare and affirm!)"
 
Article 97
When assuming office they shall take the following oath or make the following promise:
"I swear (promise) allegiance to the Constitution.  So help me, God Almighty ! (This I promise!)"
Before being permitted to take that oath or make that promise, they shall take the following oath (make the following declaration and affirmation):
"I swear (declare) that in order to be appointed a member of the Parliament, I have not promised or given, directly or indirectly, any gifts or presents to any person under whatsoever name or pretext.  I swear (affirm) that in order to do or refrain from doing any thing whatsoever in this office, I will not accept any promises or presents, directly or indirectly, from any person whomsoever.  So help me, God Almighty! (This I declare and affirm!)"
These oaths (affirmations and declaration) shall be taken and made before the King or at the assembly of the Second Chamber before the President, authorized thereto by the King.
 
Article 101
(1) {...}
(2) On assuming office they shall take similar oaths (make similar affirmations and declarations) as have been fixed for members of the Second Chamber, either before the King or at the assembly of the First Chamber, before the President thereto authorized by the King.
 
Article 106
(1) {...}
(2) {...}
(3) {...}
(4) Military personnel on active service accepting membership of either of the two Chambers shall, during such membership, be regarded by law as not on active service.  On ceasing to be members, they shall return to active service.
 
Article 123
If the Second Chamber resolves to pass the proposal, either unchanged or changed, it shall send it to the First Chamber accompanied by the following form:
"The Second Chamber of the Parliament sends to the First Chamber the enclosed proposal of the King, and is of the opinion that it should be passed by the Parliament in its present form."
If the Second Chamber resolves not to pass the proposal, it shall give notice thereof to the King, by means of the following form:
"The Second Chamber of the Parliament expresses to the King its thanks for his zeal in promoting the interests of the State, and respectfully requests him to consider the proposal which he has made."
 
Article 124
If it resolves to pass the proposal, it shall give notice thereof to the King and Second Chamber by means of the following forms:
"To the King, The Parliament expresses to the King its thanks for his zeal in promoting the interests of the State, and agrees to the proposal in its present form.  To the Second Chamber, The First Chamber of the Parliament notifies the Second Chamber that it has agreed to the proposal relative to ..., which was sent to it by the Second Chamber on the ... ."
If the First Chamber resolves not to pass the proposal, it shall give notice thereof to the King and to the Second Chamber by means of the following forms:
"To the King, The First Chamber of the Parliament expresses to the King its thanks for his zeal in promoting the interests of the State, and respectfully requests him to reconsider the proposal which has been made.  To the Second Chamber, The First Chamber of the Parliament notifies the Second Chamber that it has respectfully requested the King to reconsider the proposal relative to ..., which was sent to it by the Second Chamber on the ... ."
 
Article 127
The right of initiative in respect of such a bill shall belong exclusively to the Second Chamber, which shall consider the bill in the same manner as the King's bills, and after passing it shall send it to the First Chamber by means of the following form:
"The Second Chamber of the Parliament sends to the First Chamber the enclosed bill, and is of the opinion that the Parliament should request the King's assent thereto."
 
Article 128
If the First Chamber approves the bill, after having deliberated on it in the usual manner, it shall send the bill to the King by means of the following form:
"The Parliament, considering that the enclosed bill might serve to promote the interests of the State, respectfully requests the King's assent thereto."
It shall, furthermore, give notice thereof to the Second Chamber, by means of the following form:
"The First Chamber of the Parliament notifies the Second Chamber that it has agreed to the bill relative to ... received from the Second Chamber on the ... and in the name of the Parliament has requested the King's assent thereto."
If the First Chamber does not approve the bill, it shall give notice thereof to the Second Chamber by means of the following form:
"The First Chamber of the Parliament has not found sufficient reason to request the King's assent to the bill returned herewith."
 
Article 130
The King shall notify the Parliament as soon as possible whether he approves or disapproves a bill which has been passed by it.  Such notification shall take place by means of one of the following forms:
"The King agrees the bill," or
"The King is keeping the bill under consideration."
 
Article 201
(1) {...}
(2) {...}
(3) {...}
(4) The King shall decide whether danger of war exists in the sense in which that term occurs in the laws.

For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - May 29th, 2010 / For corrections please contact A. Tschentscher.