European countries - the Netherlands - the Dutch political system. Government of the Netherlands

Organization state power and management

According to the form of government, the Kingdom of the Netherlands is a constitutional monarchy, which means that the exercise of all powers has certain restrictions and no one body has all the power. According to the 1983 Constitution, legislative power belongs to the King and the States General, executive power to the King and the Council of Ministers, and judicial power to the Supreme Court and lower courts of the Kingdom.

Officially, the head of state is the King (in the Netherlands, since 1980, Queen Beatrix has performed the corresponding functions).

The post of head of state is filled by inheritance and belongs to the legal heirs of King William of Orange-Nassau. The order of succession to the throne is regulated by the Constitution. Until 1983, the system of succession to the throne in the Netherlands was Castilian (the rule about the priority of sons over the daughters of the monarch was in force). Currently, inheritance is carried out according to the principle of primogeniture (the throne passes to the eldest legal heir of the King after his death; if the eldest child dies during the King's lifetime, his other eldest child becomes the heir). If the King has no heirs, the throne passes to the eldest heir of his father, and if the latter is absent, the throne is inherited by the eldest in the family (in this case, a member of the royal family who is related to the King, but no further than in the third degree, can inherit the throne).

The King's reign is ended not only by death, but also by his abdication. The abdication of the monarch is signed unilaterally, the only party to which is the King. Children born after abdication and their successors are excluded from inheritance. Marrying without the consent of the legislature will automatically mean abdication.

To give consent to the marriage of the King, a joint session of the chambers is convened in the Estates General (this prevents the two houses of Parliament from making two different decisions).

In addition to inheriting the throne, it is possible to transfer it through the appointment of a King. The Constitution describes two procedures for when this can happen.

Firstly, an heir may be appointed by an act of Parliament, which is passed in the absence of legal heirs. The adoption of such an act requires a special procedure. After the introduction of this bill by the King or on his behalf, both houses of the States General are dissolved, and after new elections the chambers discuss this bill in their joint session. The bill must be approved by a qualified majority (2/3) of Parliament.

Secondly, a successor can be appointed if, after the death of the King or after his abdication, there is no hereditary successor to the King. The procedure in this case is as follows: the chambers are dissolved; the new chambers meet in joint session four months after the death or abdication of the monarch to decide on the appointment of the King. As in the previous case, the appointment must be confirmed by a qualified majority in the chambers of the States General. The designated King can only pass on his power to his legitimate heirs.

The Constitution considers three cases of recognition of the King's incompetence.

Firstly, we're talking about about the time of minority (the Constitution provides that the King uses his power upon reaching adulthood).

The second case concerns the King's temporary refusal to exercise his powers. Both the renunciation of the exercise of powers and the resumption of the exercise of royal power are accomplished through an act of Parliament on the personal initiative of the King. The Estates General discuss and resolve this issue at a joint meeting.

The third case concerns the so-called motivated recognition of the King as incompetent. If the Council of Ministers is of the opinion that the King is unable to exercise his powers, he, after receiving advice, State Council informs the Estates General about this. In this case, Parliament meets in a joint session to resolve the issue. If Parliament agrees with the opinion of the Council of Ministers, then it declares the King incompetent. It is important to point out that the King does not lose the throne, but only the opportunity to exercise his power; as soon as he is again able to conduct business, his power is resumed.

If one of the above circumstances arises, then the royal functions are performed by a regent appointed by an act of Parliament. In the absence of the King and the Regent, the Council of State performs royal duties.

The Constitution makes a distinction between the King himself (provisions on succession, regency, incapacity) and the King as part of the Government, who acts in conjunction with one or more ministers, and as an important participant in the legislative process. For the second case, the words “royal decree” and “government” are also applicable, denoting the decisions of the King and one or more ministers.

An important privilege of the King is his inviolability (immunity). At the same time, in order to overcome the potential disadvantages of the existence of royal immunity associated with the possibility of the King abusing his power, constitutional law establishes the responsibility of ministers and the countersignature of acts of the monarch (any of his acts are subject to approval and signature by one or more ministers who are responsible for these acts , signed by the King).

In this regard, the minister is responsible to the Estates General for his own actions and the actions of the King within the Government (the exception was the Second World War, when the Government was evacuated to London, and Queen Wilemina took a significant part in its activities).

In addition, the responsibility of ministers extends to the actions of the King outside the Government, namely as head of state and in the exercise of personal rights; in this case the minister is not empowered to prevent the personal acts and actions of the King, but he can only attempt to influence the monarch before or after the issuance of such act or performance.

In addition to immunity, the Constitution provides for other personal rights that the King has, for example, we are talking about his annual maintenance from the state budget in accordance with the rules established by an act of Parliament.

The prerogatives of the King as head of state include, first of all, participation in the formation of a new Government after parliamentary elections. The monarch holds consultations with faction leaders, chairmen of the chambers of Parliament and the vice-chairman of the State Council. On their recommendation, the King can appoint an “informant” who finds out which parties are ready to work together in the Government. There is no need to appoint an informant if it is known in advance which parties want to jointly form the Council of Ministers. The result of negotiations between these parties is an agreement on the conditions for forming the Government. The agreement outlines the coalition's plans for the upcoming four-year governing period. After reaching this agreement, the King appoints a “formator” whose task is to form the Council of Ministers. As a rule, the corresponding formator becomes the Prime Minister of the new Government. New ministers are appointed by royal decree and sworn in by the monarch.

In addition, the King delivers the Speech from the Throne at the beginning of the parliamentary year, when the Government's plans for the coming year are presented. The King also officially appoints senior officers, provincial commissioners, judges, governors and vice-governors of overseas territories. The powers of the monarch include convening and dissolving Parliament, declaring war and making peace, managing public finances; he has the right to pardon.

At the same time, the power of the monarch is significantly limited, and his role is largely symbolic - the personification of the unity of the Kingdom. He carries out working visits and is present at important events where he is the main figure.

The State Council functions as an advisory and advisory body to the head of state, which provides mandatory consultations to the Government on bills submitted by the Government to the Lower House, on draft royal decrees, orders in the Council, on proposals for ratification (denunciation) international treaties, adopts general administrative rules. The opinion of the State Council is necessarily sought by the Government when canceling decisions of provincial states and their executive commissions. The Government is authorized to confer with the Council of State in other cases when the King and members of the Government deem it necessary. The Council of State may offer consultations on its own initiative.

The Council of State examines the legal aspects of bills, including their compliance with the Dutch Constitution, determines whether there are legal grounds for following existing policies, compliance with the basic principles of good lawmaking and administration, their appropriateness and uniformity.

The decisions of the State Council are announced. Consultation by the Council of State on government bills is communicated to the States General.

In the absence of the King and the Regent, the Council of State exercises royal powers. The Council of State has the right to investigate the circumstances of administrative disputes decided by decree of the King, and to make recommendations for their resolution.

The Council of State includes: the King - chairman (ceremonial role), heir to the throne and other members royal family. In addition, the State Council includes state advisers and extraordinary advisers appointed to resolve individual issues within the competence of the State Council. The relevant members of the Council of State are former statesmen, judges, businessmen and are appointed by royal decree on the recommendation of the Minister of the Interior after consultation with the Minister of Justice (the minimum age for appointment to the council is 35 years). They hold office for life (until they reach the age of 70), but may be suspended or dismissed by the council in cases prescribed by an Act of Parliament.

Legislature. The highest representative and legislative body in the Netherlands are the States General (Parliament). Parliament consists of two chambers: the Upper (First) (75 seats) and the Lower (Second) (150 seats). The bicameral parliamentary system was introduced in 1815, with both houses of Parliament considered to represent the population as a whole.

The lower house of the Estates General is the chamber of professional politicians and is elected by direct universal secret suffrage using a system of proportional representation for four years.

Citizens of the Netherlands who have reached the age of 18 have the right to vote, with the exception of those persons who do not have permanent residence in the Netherlands and are deprived of voting rights by Act of Parliament. In addition, persons who have been imprisoned by a court for a period of at least one year and are deprived of the right to vote, as well as incapacitated persons, do not have the right to vote.

The upper house is elected indirectly through a system of proportional representation for four years. The deputies of this chamber are elected by the deputies of the provincial councils, and the said elections are held no later than three months after the elections of the provincial councils, unless the previous chamber has been dissolved.

Legal basis election campaign in the Netherlands are the Electoral Code of 1989 and the Law “On public financing of the activities of scientific research institutes operating under the auspices of political parties” of 1975.

There are about 75 political parties in the country, with about 25 parties usually nominating candidates for parliamentary elections. At the same time, there are three main currents in the party system: 1) confessional (Christian Democratic Appeal); 2) social democratic (Party of Labor); 3) liberal ( People's Party for Freedom and Democracy). It is noteworthy that the Constitution does not contain provisions on political parties, and there is no special law. The legal status of political parties is regulated by the provisions of the Constitution on association, norms Civil Code and the Electoral Code. Parties are considered public rather than state organizations that set themselves specific goals.

The seats received by the party list in the parliamentary elections are divided between candidates using a quota: first, the seats are distributed among the candidates who received more than half of the quota; if there are then unallocated seats, priority will be given to the candidates whose name appears higher on the list.

Each house of the Dutch Parliament has standing orders (standing orders) and also elects a chairman from among its members. The chambers work in session, with both separate and joint meetings of the chambers. Joint sessions of the chambers are held when considering the question of succession to the throne and annually when the Government presents a statement of general policy. The Houses of Parliament may make decisions without a vote, by show of hands or by standing. Meetings of the chambers and the adoption of decisions by them are allowed only if a majority of the members of the chamber are present.

The composition of the standing and special committees of the chambers of Parliament is formed in proportion to the number of factions. A parliamentarian can be a member of several standing committees formed in the wards.

A parliamentary mandate in the Netherlands is incompatible with the position of a Minister, Secretary of State, member of the Council of State, the General Court of Auditors and the Supreme Court, the Attorney General or the Advocate General of the Supreme Court. Parliamentarians are not subject to prosecution (criminal, disciplinary or civil) for anything they say or write in Parliament and in parliamentary committees; If a parliamentarian abuses immunity in his oral statements, the chairman of the chamber can reprimand him, deprive him of the floor or remove him from the meeting room.

Each of the chambers can be dissolved by decree of the King. In this case, the corresponding decree must contain provisions for holding new elections of the chamber and its convening no later than three months later. At the same time, the term of office of the Second Chamber, convened as a result of the dissolution of the chamber of the previous convocation, is established by an act of Parliament and cannot exceed five years. The term of office of the First Chamber, convened as a result of the dissolution of the previous chamber, ends on the day on which the term of office of the dissolved chamber should have ended.

The publication of laws is the most important activity of the Estates General. The First House recognizes the political supremacy of the Lower House. Only the Lower House can initiate the adoption of a law and amendments to it, and all bills are introduced in this chamber. However, the Upper House does not have the right of legislative initiative and cannot amend a bill approved by the Lower House. Functions Upper House are reduced to the approval of bills already developed and adopted by the Second Chamber; the relevant chamber can only reject the bill.

According to the Constitution, Parliament exercises legislative power jointly with the monarch, and therefore, in addition to the Lower House, bills can be submitted by the King and on his behalf. The government introduces 95% of all bills signed by the King, with parliamentarians mainly debating bills and supervising ministers; The Ministry of Justice has primary responsibility for the Government's legislative policy. The Council of State evaluates government bills before introducing them to Parliament. Some bills prepared by the Government undergo examination by the Socio-Economic Council.

The bill must be approved by the King and counter-signed by the minister. Despite the fact that formally the monarch has the right to reject a bill, in practice this opportunity is never used. Laws come into force one month after their publication in the official gazette.

The Estates General are vested with significant powers in the financial and budgetary sphere. After the opening of the regular session, the Council of Ministers submits a draft budget law to the Lower House. After its approval, the bill is sent to the Upper House, after which it is submitted to the King for approval.

Another important area of ​​activity of the Parliament of the Netherlands is participation in the formation of government bodies and monitoring their activities. First of all, we are talking about the influence of Parliament on the formation of the Government. Although the King formally appoints ministers, such appointments are made only to the party or coalition of parties that has a majority of seats in the Lower House of Parliament. As part of control over the activities of the Government, the Estates General can pass a vote of no confidence in relation to both individual ministers and the Council of Ministers as a whole (in this case, either the Government resigns or a decision is made to dissolve Parliament, while according to the constitutional agreement the Government cannot dissolve Parliament more than 1 time for one reason). The Estates General can ensure the investigation of the activities of ministries through the creation of special commissions. In addition, every parliamentarian has the right to ask questions to ministers (their deputies). In this case, the use of the right of interpellation (oral debate with a member of the Government) is allowed, which requires the approval of the Chamber of the States General.

The powers of the Lower House also include the appointment of the National Ombudsman, participation in the appointment of judges of the Supreme Court and officials of the General Court of Accounts.

Executive power. Before constitutional reform The 1983 Constitution declared that the head of the executive power is the King, but since this reform the Constitution has not contained a direct indication of who holds the executive power. The Constitution provides that the Government consists of the King and the Ministers, who form the Council of Ministers, and is responsible to the Estates General.

Members of the Council of Ministers are officially appointed by the King, but in fact are nominated by the parties of the parliamentary majority. Due to the fact that, as a rule, parties do not receive a majority in Parliament, the Government has a coalition character. The Chairman of the Lower House is the personal adviser to the monarch during the formation of the Government. The Council of Ministers is formed on the basis of the political balance in the Lower House. In addition, the monarch may consult with the Chairman of the Upper House and the chairmen of its factions, but the factions of the Upper House play a less significant role in creating a coalition Government. The composition of a coalition government does not always reflect the results of elections in the Netherlands. Thus, unlike the previous period when ministers functioned as servants of the Crown, their main role is now to represent the parliamentary majority that forms part of the government coalition.

The Chairman of the Council of Ministers is the Prime Minister, whose powers are very limited. In particular, he does not participate in the appointment of ministers; due to the fact that the Government is a coalition, the Prime Minister shares power with the leaders of other political groups represented in the Council of Ministers; he does not have the right to remove a minister without the approval of the party and can be an arbiter between ministers only with their consent. There is no relationship of subordination between the Prime Minister and the ministers.

The new Council of Ministers makes a government announcement during its first appearance in Parliament. The government, in the annual Speech from the Throne, delivered by the King, informs Parliament of its policies; Government program, as a rule, reproduces the coalition agreement.

The competence of the Council of Ministers includes resolving the following issues:

Preparation of draft laws and acts government controlled;

Conclusion of international treaties and intergovernmental agreements;

Maintenance diplomatic relations with other states;

Budgeting;

Management of ministries and lower executive authorities;

Sending proposals to the King for the appointment of senior civil and military officials, governors and vice-governors of overseas territories and the King's representatives in the provinces.

As already noted, it is the ministers, and not the King, who are responsible for the activities of the Government. At the same time, the King does not have the right to act in the Government without a minister: every law and every decree signed by the King is additionally signed (countersigned) by a minister or ministers. It is noteworthy that in practice ministers take the initiative in drawing up royal decrees, despite the fact that the King is formally free to make his own proposals for the issuance of such decrees. Discussions between ministers and the monarch are kept secret, which prevents the King from becoming involved in political disputes.

It is customary to distinguish the following types of ministerial responsibility. Firstly, ministers may be subject to criminal liability if they commit certain offenses, for example: deliberate violation of the Constitution or norms of general government; execution of the decree of the King, not countersigned by the minister. In this case, the minister, by decision of the King and the Lower House of the States General, must appear before the Supreme Court, but such situations have not yet happened in practice.

Secondly, we are talking about the political responsibility of ministers to the Estates General, when Parliament does not support the Government’s proposals and passes a vote of no confidence in it (practice since the 1840s).

Thirdly, as a result of erroneous actions related to payments that are not covered by the budget, the minister bears financial responsibility. In addition, in certain cases, the minister may bear civil liability, which is regulated by the Civil Code.

The role of the Socio-Economic Council, which is an advisory body to the Government on a number of socio-economic problems, is important. The Council consists of 45 members: 15 are appointed by entrepreneurs, 15 by trade unions and 15 by the state (including the chairman of the board of the Central Bank, the chairman of the Central Planning Bureau, officials of universities, consumer protection organizations). In this regard, the council has a three-member structure (representatives of workers' organizations, employers and experts appointed by the Government).

Judicial branch. Legal regulation judiciary The Netherlands is based on the Constitution and the Law on Judicial Organization of 1827 (as amended in 1911 and 1971), which distinguish between two categories of courts: courts of general and special jurisdiction.

The competence of courts of general jurisdiction includes cases arising from relations regulated by civil and criminal law.

The system of courts of general jurisdiction is organized at the following levels.

At the head of the judicial system is the Supreme Court (established in 1838), which considers certain categories of cases in the first instance and acts as the highest court of cassation.

As the first and last instance, the Supreme Court resolves cases involving charges against deputies and former deputies States-General, Ministers and other high officials for offenses committed by the persons concerned during their tenure in office, in the manner prescribed by an Act of Parliament.

The Supreme Court considers, as the highest and final authority, cassation appeals of the accused and the Public Prosecutor against decisions of lower courts and the supreme courts of the Netherlands Antilles and the island of Aruba, as well as applications of the Prosecutor General at the Supreme Court for cassation in the interests of the right to decisions in which improper rules were applied rights or in the adoption of which procedural norms were violated.

In cases and in the manner prescribed by an act of Parliament, the Supreme Court may annul, by way of cassation, the decisions of lower judicial bodies if they have violated the law. The Supreme Court ensures uniform interpretation and application of laws throughout the country, and also plays a significant role in the development of law.

The 26-member Supreme Court has a chamber for civil cases, the industrial chamber, the chamber that considers tax cases and issues related to expropriation, the chamber for criminal cases, the chamber that resolves disciplinary cases against judges. Moreover, the largest is the chamber that considers tax cases (it consists of 11 members, while, for example, the chambers for criminal and civil cases have ten and nine members, respectively).

Courts of Appeal (there are five of them; located in Amsterdam, Arnhem and others big cities) consider in a collegial manner (of three judges) appeals against decisions and sentences of district courts in civil and criminal cases. These courts have chambers (sections). The relevant sections of the courts of appeal hear complaints against decisions of administrative bodies on tax issues. The Arnhem Court of Appeal has sections that hear appeals against decisions of the cantonal courts on land lease issues and refusals to issue licenses. One of the chambers of the Amsterdam Court of Appeal considers disputes related to the activities of companies.

District courts are formed in the 19 judicial districts into which the territory of the Netherlands is divided. The relevant courts hear at first instance all but the least significant civil and criminal cases, as well as appeals against decisions of cantonal courts. Such complaints, as well as the most serious and complex cases at first instance, are heard by panels of three judges, while most cases (including crimes punishable by a fine or imprisonment for up to six months) are heard by judges alone.

Until 1998, the lowest court was 62 cantonal (subdistrict) courts, in which single judges dealt with minor civil disputes (with a claim amount of up to 500 guilders) and cases of criminal acts classified as financial, economic and transport misdemeanors. In 1998, the subdistrict courts were integrated into the district courts and the courts of first instance were formed (they consider claims for small amounts, all issues related to employment, and family matters); however, the right to appeal individual judge decisions to the district court is retained.

Judges are appointed to the position by decree of the King (in fact, the Minister of Justice names the candidates of judges recommended by the court, where there are corresponding vacancies). Members of the Supreme Court are appointed by the King (effectively the Government) from a list of three persons presented by the Lower House of Parliament, which usually includes the persons at the top of the list of names presented by the Supreme Court.

Judges are appointed for life and are irremovable. Their powers are terminated due to resignation or achievement age limit(70 years old). Judges may be suspended or dismissed from office by decision of the relevant court in cases established by an act of Parliament (for example, on the basis of manifest unfitness).

An important requirement for the activities of courts of general jurisdiction is the public consideration of cases by them, with the exception of cases established by an act of Parliament; the presence of a clear legal basis in court decisions; public announcement of decisions.

Jury trials did not function for long in the Netherlands (1811-1813). Currently, persons who are not judges do not participate in the administration of justice along with judges (although this possibility is provided for in Article 116 of the Constitution). However, the exception is the presence in the military departments of district and appeal courts of two judges and a military officer, and in the department for consideration of prisoners' petitions - three judges and two psychological experts.

A clerk (secretary) with a legal education provides significant assistance to the judge in preparing cases. In addition, there is the position of bailiff, who does not have a legal education, but has successfully passed state exams. The bailiff serves the defendant with summonses to appear in court and demands for payment, acts as a bailiff, and executes court decisions, carries out notarial acts, seizes real estate and sells it at auctions in order to return the debt to the creditor.

Characteristic judicial system of the Netherlands - the absence of the institution of dissenting opinions: the court acts as a single body when making decisions.

Courts of special jurisdiction resolve cases arising in the field of family, labor, and tax law; they consider complaints from citizens about unlawful actions (inactions) of authorities public authority.

In particular, in the Netherlands there are administrative courts that consider complaints from civil servants against decisions of higher administrative authorities or statements from citizens about unlawful actions (inaction) of executive authorities.

In addition, there are disciplinary courts that monitor compliance with professional codes of conduct. According to the Law on Lawyers of 1952, the conduct of lawyers is monitored by 19 special disciplinary courts; they can be appealed to the Disciplinary Court of Appeal in Utrecht. Among these courts are public disciplinary courts that hear cases of negligent treatment of patients.

An important trend is the integration of special courts into the general court system (since 1991, military courts were abolished, and in 1992, special social security courts, which were included in the district court system).

In the Netherlands, out-of-court dispute resolution institutions (arbitration) are widespread. Arbitrators can be selected at the request of the parties, and are often selected from among experts in specific area. For example, trade unions organize commissions to resolve consumer complaints; the media establish arbitrators for collective consumer cases; There is an institution of divorce mediators.

The Dutch prosecutor's office is represented by the Public Prosecution Service, which operates in every court. The corresponding service consists of the following links:

The Attorney General of the Supreme Court of the Netherlands and his assistants are the four Advocates General of the Supreme Court who provide advice to the Supreme Court regarding the review of a case;

The five attorneys general and their assistants are the advocates general of the appellate courts;

19 senior public prosecutors and public prosecutors in the district courts and cantonal courts.

Employees of the Public Prosecution Service do not act as representatives of the state in civil cases; this function is performed by special lawyers.

However, the Attorney General and his deputies, the Advocate General of the Supreme Court, are authorized to give advice in civil cases decided by the Supreme Court. The Attorney General has the right to file an appeal in the interests of law to the Supreme Court against any final decision of the lower court after exhaustion of ordinary legal remedies. The Prosecutor General, on his own initiative, initiates criminal cases within the competence of the Supreme Court. The Public Prosecution Service also executes court decisions.

Public prosecutors are appointed by the King for an indefinite term and retire at age 65 (the Prosecutor General at age 70); The Prosecutor General is independent from the Minister of Justice; the rest of the prosecutors are formally subordinate to him, but in practice they are independent.

Local government and management

The first law regulating the activities of municipalities was adopted in 1848. At that time, three levels of government were already legally established: the central government, regional (provincial) authorities and cities.

Currently, issues of the organization of public authority at the local level in the Netherlands, as well as its relationship with the central authorities, are regulated by the Constitution, the laws “On local authorities”, “On provinces”, “On financial relations between local authorities and the central Government” and other acts .

The Kingdom of the Netherlands is a decentralized unitary state, which includes three types of territorial collectives. The administrative-territorial unit is the province, total of which there are 12 in the Netherlands: North Holland, South Holland, Utrecht, Zeeland, North Brabant, Limburg, Helderland, Overijssel, Groningen, Drenthe, Friesland, Flevoland - the last province created in 1986. The corresponding provinces, in turn, are divided into municipalities (there are 478 of them; the largest municipality in Holland is Amsterdam). Provinces and municipalities can be abolished and established in accordance with an act of Parliament (their administrative and territorial structure is also established by an act of Parliament).

It should be emphasized that the number of municipalities is decreasing as the state seeks to increase the efficiency of administrative management through the reorganization of municipalities (most often by merging them). In addition, the Netherlands has two overseas possessions (thanks to their presence, the unitary nature of the state-territorial structure of the Netherlands acquires signs of federalism).

The Constitution establishes supremacy central authorities power and the unity of the vertical government, while local government is a kind of continuation of the central government in the localities. At the same time, the relationship between the central and local authorities are not strictly hierarchical. Territorial decentralization is embodied by the province and municipality, which are autonomous public entities that have a certain independence (while their rights are gradually expanding). In addition, functional decentralization implies rule-making and administrative powers of governing bodies water resources, consumer affairs councils, chief industrial councils and industrial councils.

According to Dutch law, the tasks of the provinces include: supervision of local authorities and water management authorities; repair and construction of waterways, locks, roads, canals; waste disposal; urban and rural planning populated areas, expressed in the development of regional plans for the development of the territory and the approval of local land use plans; planning, organizing and subsidizing charitable activities. In turn, the municipality solves the following tasks: ensuring public order, solving housing issues, security environment, waste disposal, subsidizing public education, preserving monuments and supporting the arts.

Provinces and municipalities can independently make decisions on matters within their jurisdiction. Moreover, these regulations should not contradict existing legislation at the central level (the Constitution, laws, orders in Council or ministerial resolutions), and if we are talking about municipalities, then the regulations should not also contradict the regulations in force in the relevant province. Provinces and municipalities are obliged to cooperate in the implementation of acts of national government authorities. According to the provisions of the Constitution, decisions of provincial and municipal authorities are subject to prior control by the central government in cases established by an Act of Parliament or in accordance with an Act of Parliament. At the same time, decisions of provincial and municipal authorities can be canceled by royal decree if they contradict the law or public interests.

Device political power provinces and municipalities largely reproduce the general national model of the organization of public power.

The head of the province is the King's Commissioner (Royal Commissioner), representing the center in the province. He is appointed by decree of the King for a period of six years (there are many complaints from the Netherlands regarding the appointment of royal commissioners to the Netherlands international organizations, in particular the Council of Europe, which considers such an order undemocratic and calls on the Dutch to switch to an electoral system). The Royal Commissioner is the chairman of the Provincial Council and the Provincial Government; conducts meetings of relevant bodies; has a number of special powers, especially when declaring a state of emergency.

The functions of general management of provincial affairs are carried out by the Provincial Council, the number of deputies of which depends on the number of residents in the province. Members of the provincial councils are elected directly by Dutch citizens who are permanently resident in the provinces and who meet the electoral qualifications established for the election of the Second Chamber of the States General. Election takes place in accordance with the system of proportional representation in the manner established by an act of Parliament. The term of office is four years. The Provincial Council elects from among its members the Provincial Government (Executive Committee) for four years and controls its activities. The Provincial Government reflects political representation in the Provincial Council. Together with the Royal Commissioner, the Provincial Government carries out executive and administrative activities in the province.

In turn, the management system at the municipal level is organized as follows. The head of the municipality is the mayor (burgomaster). The burgomaster is appointed by decree of the King for a period of six years and is the representative of the center in the municipality. Often in municipalities, the mayor occupies a dominant position due to his competence in management matters and also because he is the only full-time employee in the municipality. He has sole authority to maintain public order and is responsible for this to the Municipal Council, supervises public meetings. The burgomaster is the head of the local police and, in cases of riot, serious disorder or disaster, gives orders necessary to maintain public order or limit danger. In some cases, the Burgomaster performs administrative functions: he is obliged to inform the provincial executive bodies about decisions made by municipal bodies if, in his opinion, they are contrary to the laws or public interest.

The municipal council is representative body municipality. Council members are elected for four years by Dutch citizens who permanently reside in the municipalities and meet the electoral qualifications established for the election of the Second Chamber of the States General. Election takes place in accordance with the system of proportional representation in the manner established by an act of Parliament.

The mayor, together with several councilors (aldermen), form the board that is the Municipal Government (Magistrate). Aldermen are appointed by the City Council from among its members. The magistrate is responsible to the Municipal Council for his actions.

The sources of income for provinces and municipalities are their own income (in particular, in the form of property taxes, fees and duties) and special payments from the state with instructions for their targeted expenditure. In addition, provinces and municipalities receive common funds from the provincial and municipal fund.

Water resources management authorities were initially responsible for: the safety of water, dams; drainage of lands, their protection from natural disasters; transport communications. Relevant authorities are not available in all provinces and municipalities, but are usually located downstream big rivers. The specificity of the functions of water resources management bodies is determined by the characteristics of their geographical location; they were formed independently of each other, and their powers are not the same. Water resources management bodies are established and abolished on the basis of acts of Provincial Councils (in last decades their number has decreased significantly). The executive committee of a water management authority consists of elected representatives of the owners of land and large buildings located on them who have an interest in the functioning of these authorities. The Chairman is appointed by decree of the King based on the recommendation of the Executive Committee for a period of six years.

Water management authorities may have the power to enact by-laws, levy taxes on property owners, use real estate, and impose fines for water pollution. Unlike provinces and municipalities, these bodies do not receive Money from the center and operate thanks to funding from interest groups.

The Kingdom of the Netherlands has two overseas possessions: the Netherlands Antilles and the island of Aruba.

The Netherlands Antilles are located in the Caribbean Sea and have a length of 800 square kilometers. km and consist of the islands: Bonaire, Curacao, Saba, St. Eustatius and part of the island of St. Maarten. The island of Aruba is also located in the Caribbean Sea, in the Lesser Antilles group, its territory is 193 square meters. km. Since 1986, the island of Aruba has left the federation of the Antilles and received the status of a territory of the Kingdom of the Netherlands with the rights of internal autonomy. It is noteworthy that the island of Saint Martin, citing the right of self-determination, announced in 1988 the need to raise the question of its future constitutional status in the Kingdom, since the system of government of the Netherlands Antilles does not meet the interests of the various islands.

According to the Charter of the Kingdom of 1954, the Netherlands Antilles and the island of Aruba are part of the Kingdom of the Netherlands and enjoy autonomy in internal affairs(have the status of self-governing territories). At the same time, the independence of the islands is limited by the principle of maintaining the unity of the Kingdom and ensuring the interests of another country of the Kingdom (for example, external relations and defense are within the competence of the Kingdom; the Antilles and the island of Aruba have the right to decide whether an international treaty of the Kingdom should apply on its territory, as well as participate in the conclusion of international treaties affecting their interests).

The King of the Netherlands is the head of the Kingdom and each of the two overseas territories. The Government of the Kingdom is expanded to include ministers representing the Netherlands Antilles and the island of Aruba. The latter's parliamentary bodies inform the Dutch Parliament of their views on bills affecting the entire Kingdom. The Supreme Court of the Netherlands also acts as a court of cassation for the respective dominions. Unlike the Council of State, which includes representatives from the Antilles and Aruba, judges from these overseas territories are not represented on the Supreme Court.

The King and the Government of the Kingdom are represented in the Netherlands Antilles and Aruba by governors.

The Netherlands Antilles and Aruba have their own legal systems and, accordingly, constitutions.

The Constitution of the Netherlands Antilles of 1955 proclaimed the independence of the island territories in the management of their affairs. It establishes that the Antilles Parliament represents the entire nation (there is no such nation in reality). In matters of internal government, legislative power belongs to the unicameral Legislative Assembly, which is elected by general elections for four years and consists of 22 members. Laws passed Legislative Assembly and the Government of the Netherlands Antilles, are subject to the approval of the Governor. Executive power is exercised by the Governor through the Advisory Council and the Council of Ministers. The Council of Ministers and the Advisory Council perform functions similar to those carried out by the Council of Ministers of the Kingdom and the Council of State of the Kingdom. The Court of the Netherlands Antilles hears cases at first instance and also acts as a court of appeal; the corresponding property has its own Public Prosecution Service.

When Aruba left the Netherlands Antilles federation in 1986, it adopted new Constitution, which was modeled on the Dutch Constitution of 1983. The draft was prepared by the Council of Ministers of the island of Aruba and received the approval of the Government of the Kingdom. However, unlike the Constitution of the Kingdom, the Constitution of Aruba, when listing fundamental rights, contains detailed articles on the rights to freedom and security, to own property, based on the text of the European Convention for the Protection of Human Rights and Fundamental Freedoms (including its Protocols); The Constitution provides for judicial review of legislation for constitutionality. The Constitution of Aruba contains chapters on the Government, Parliament, Consultative Council, General Accounts Chamber, legislation and management, legal system and the judiciary, the procedure for amending the Constitution. The structure of government on the island of Aruba is similar to that in the Netherlands Antilles.

Every Dutch citizen aged 18 years or over has the right to participate in direct elections to the Second Chamber of Parliament, as well as the right to stand as a candidate in parliamentary elections. The parliament, the “States General,” consists of two chambers. The First Chamber has 75 members elected by provincial representatives - members of the Provincial States. The Second Chamber has 150 members. All Dutch legislation is created by or with the participation of the people's representatives. Parliament, together with the government, forms the legislative branch. According to the Constitution, elections to the First and Second Chambers are held every four years. Discussion and decision-making can only take place if more than half of the chamber is present at the meeting. Decisions are made, as a rule, by a majority vote.

The primacy of popular representation follows from the fact that no official court can question the constitutionality of laws, and that executive authorities can only work if they are trusted by parliament. Executive power is in the hands of the government, but it is responsible for its activities to parliament. In order to carry out their work, ministers must have the confidence of Parliament. After completing the formation of the government, the Prime Minister submits a government declaration to the Second Chamber. The House puts this declaration to a vote. If the cabinet receives the confidence of the chamber, then it can begin its activities. Ministers have the confidence of Parliament until the House passes a motion of no confidence. The government, for its part, can, in the event of a conflict, dissolve the people's representative office and call new elections.

The First and Second Chambers have at their disposal four means of control over the executive branch.

The right to control the budget: the right to approve all government revenues and expenses according to the budget submitted by the government. Every year on Princes' Day (Prinsjesdag), the government presents the state budget for the coming year to parliament.

Right of interpellation (request): any member of the House who, on a subject not included in the agenda, wants to hold a discussion with a particular minister must seek the consent of the House to do so. Such requests are extremely rarely rejected.

The right to question ministers and secretaries of state. In the First Chamber, questions and answers are presented in in writing. The right to ask questions for members of the Second Chamber provides, along with in writing, as well as a face-to-face option, the so-called “question hour”, which provides the opportunity for short debates. The questions posed must be answered. The Minister may refuse to provide requested information only if it is in the national interest.

Right of inquiry (enquete): Parliament can conduct investigations independent of the government on certain matters. He can entrust its conduct to a parliamentary commission of inquiry. This commission has the power to call certain persons to testify. The appearance of summoned persons is mandatory. Testimony is given under oath.

Both chambers can make decisions in which they set out their wishes, and these decisions do not require a direct request. A proposal can be put to a vote if it is supported by at least five members of the House. Ministers are not obliged to implement proposals adopted by Parliament. However, a vote of no confidence obliges the cabinet to resign.

Along with the above means of control, the Second Chamber can use two additional powers:

Power to amend: The House can amend proposed bills. The relevant minister may accept the changes made or declare them unacceptable.

Right of Initiative: A member or group of House members can introduce bills into the House.

Members of the States General enjoy parliamentary immunity, which means that they cannot be prosecuted for anything they say at meetings of the House or its committees or submit to the House in writing.

Netherlands - a constitutional monarchy with a parliamentary system of government. The first Constitution was adopted in 1814. The Constitution of 1983 is currently in force, replacing the Basic Law of 1848.

Administratively, the Netherlands is divided into 12 historically formed provinces, and the provinces are divided into 635 communes. It is considered the official capital, but the government, parliament, and foreign missions have a permanent residence in The Hague. Other big cities: Rotterdam (592 thousand people), Utrecht (233 thousand), Eindhoven and Tilburg (200 thousand people each).

In accordance with the Constitution, legislative power belongs to the monarch (since 1980 - Queen Beatrix) and parliament, which is called the Estates General. The monarch appoints the head of the executive branch - the prime minister - the leader of the party that received the majority of seats in the parliamentary elections, and, on his recommendation, other members of the cabinet. He also accepts the resignation of the cabinet, opens annual parliamentary sessions, and appoints senior officials at the regional and local levels - High Commissioners of the provinces and burgomasters of the communes. The monarch is the head of the Council of State, an advisory body that advises the cabinet on administrative matters and legislation. However, the rights of the monarch are limited by the Constitution. Thus, the power to dissolve parliament can only be exercised with the consent of parliament itself. He also authorizes the activities of the monarch in the foreign policy sphere (declaring war, concluding treaties).

Parliament consists of the First and Second Chambers. The Second Chamber, consisting of 150 members, has the right of legislative initiative. All citizens over the age of 18 participate in the elections. Deputies are elected on the basis of a majoritarian system by direct, universal, equal and secret ballot. The term of the legislature is 4 years. The most recent elections to the Second Chamber took place in 2003. According to their results, deputy mandates were distributed as follows: CDA 44, PT 42, NPSD 28, Socialist Party 9, Pim Fortuyn's List (SPF) 8, Greens 8, D-66 6, others 5. The Chairman of the Second Chamber is elected for the term of the legislature. Since 2003, this post has been occupied by F. Weisglas (NPSD).

The First Chamber has a suspensive veto over laws passed by the Second Chamber. Elections to the First Chamber are carried out by the provincial parliaments - the provincial states - on the basis of proportional representation for a term of 4 years. There are 75 deputies in this chamber. It has the following composition: Christian Democratic Party 20 seats, NPSD 19, PT 15, Greens 8, D-66 4, others 9.

Executive power is exercised by a cabinet headed by the prime minister, who forms the government, directs its activities and is responsible for them. The Prime Minister ensures the implementation of laws, is responsible for the country's defense, and represents the Netherlands in the international arena. The Prime Minister is responsible to Parliament. The usual period of activity of the office is 4 years. Since 2003, the post of Prime Minister has been occupied by Jan Peter Balkenende (CDA).

Power at the regional level is exercised by the Provincial Council, elected on the basis of proportional representation and exercised throughout the subordinate administrative territory legislative functions. The Executive Committee is elected from the Provincial Council. Both of these bodies are headed by the Provincial High Commissioner. Management in communes is organized according to a similar principle. Representatives of municipal councils are elected by residents by direct vote, and the municipal executive committee is nominated from among them. They are headed by a burgomaster, also appointed by royal decree.

The party-political system of the Netherlands is characterized by a high degree of stability and consensus. There are 16 large parties; 7 of them have been represented in parliament at least once in the last 20 years. The most prominent role in political life 4 games are played. These are the center-right Christian Democratic Party (89,000 members, leader J.P. Balkenende), the liberal NPSD (50,000 members, leader G. Zalm); the social democratic PT (58,000 members, leader W. Bos), as well as the left-center Democrats 66 (12,500 members, leader T. de Graaf).

The peculiarity of the Netherlands is the constant absence of any one party of an absolute parliamentary majority, which determines the creation of coalition governments. They usually include 2, less often 3 parties. Between 1982-2002 the following coalitions were in power: CDP-NPSD: 1982-86 and 1986-89; HDP-PT 1989-94; PT-NPSD-D-66 1994-98 and 1998-2002; HDP-NPSD-SPF 2002-03. The parliamentary crisis of 2002, caused by internal disagreements in the SPF party, led to early parliamentary elections (Jan. 2003), during which the SPF suffered a complete defeat. A coalition government was created in May 2003 from representatives of the Christian Democratic Party, NPSD and D-66.

The parties that make up coalitions are not always close to each other in political orientation. But the national tradition of consensus, the ability to respect different interests and linking them in the negotiation process, no matter how difficult it may be, made it possible to create stable and functional governments formally distant friend from a friend to Christian democrats and social democrats, and even more so to social democrats and liberals. Against this traditionally calm political and socio-economic background, the rapid and obvious success of a few extremely right party The SPF, which in March 2002 received more than 1/3 of the seats in the Rotterdam municipal council and 2 seats in the parliamentary elections. The main point of the Fortuynist program is the reduction of immigration and the fight against crime, which, in their opinion, is closely related to the influx into the country of representatives of other civilizations who cannot adapt to the Dutch cultural and economic reality.

The armed forces of the Netherlands (51,940 thousand people) consist of ground army, Navy (12,340 thousand people) and Air Force (11,300 thousand people). Since 1996, the service has been carried out on a contract basis. In 1995, the united German-Dutch Air Force was created (28 thousand people); in 1996, the operational units of the Royal Navy were merged with the Belgian ones under the overall command of the Benelux Minister of Navy.

Budgetary expenses for needs national defense 1.6% of GDP, incl. 48% - personnel costs, 25% - on weapons.

The Netherlands is quite large (in terms of scale) small country) manufacturer of conventional weapons that are used in NATO countries and are also exported to Latin America and the Middle East The Netherlands' share in the world arms trade in 1997-2001 averaged 4.3%.

The Estates General consists of the First Chamber (also known as the Senate) and the Second Chamber (House of Representatives). The Senate is elected through indirect elections by regional legislative bodies, the Second Chamber is formed through direct popular elections.

The Estates General meets in the Binnenhof ("Courtyard") building in The Hague. The First Chamber meets only one day a week and approves bills passed by the Second Chamber. Based on the composition of the Second Chamber, the government of the Netherlands is formed.

In the Knights' Hall (Riddersaal) of the Binnenhof, ceremonial joint sessions of the chambers take place on the occasion of the opening of the session with the participation of the monarch (Princes' Day, every year on the third Tuesday of September), in connection with the approval of the marriage of a member of the royal family or the death of the monarch. The joint meeting of the chambers also has the right to act as an authorized body in the event of a vacancy of the throne, the absence of an heir and the inability of the regent to perform duties - it can elect a new monarch in this case.

Story

Initially the highest estate-representative institution of the Dutch provinces (which also included the territory of modern Belgium). The Estates General consisted of deputies from the clergy, nobility and the elite of the townspeople. They were first convened in 1463, after the unification of the Netherlands by the Dukes of Burgundy. The first meeting took place on January 9, 1464 in Bruges. The Estates General had the right to vote taxes, and the Great Privilege of 1477 gave them particularly broad powers. During the Dutch Revolution of the 16th century, the Estates General became the center of opposition to the Spanish regime, and with the separation of the Northern Netherlands, the highest permanent legislative body of the Republic of the United Provinces. In the Estates General, each province had one vote, but part of the territory of the republic - the so-called Lands General - did not belong to the provinces, was governed directly from the center and did not have a vote in parliament.