Key Benefits:
Law of 9 March 1962, at the Council of State
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the desireation of the Law of 21 December 1861, Stb. 129, laying down rules governing the composition and competence of the Council of State, by replacing a new law;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The Council of State shall be composed of a Vice-President and not more than 10 members, other than the King as Chairman.
2 The probable successor of the King shall, after his eighteenth year of operation, be in the Council of Justice.
3 By royal decree other members of the royal house may be sitting in the Council when they are of majority age.
4 The members of the royal house sitting in the Council may take part in the deliberations, but shall refrain from voting.
1 The Vice-President and the Members are appointed for life by royal decree on the proposal of Our Minister of Home Affairs and Kingdom Relations in accordance with our Minister of Justice. Vacancies shall be published in the Official Gazette and must indicate the profile of the candidate or candidates to be sought. The Second Chamber of the States-General shall, at least once a year, consult with the Vice-President on the vacancies.
2 For the appointment of the Vice-President the Council shall be heard. The Council shall make a recommendation for the appointment of its members. A recommendation shall be made to the section or sections of the Council of which the member to be appointed will be part.
3 The members are appointed by royal decree either in the Department of Advisers or the Administrative Departments of Administration, or in both departments. The number of members appointed in each of the two divisions shall not exceed 10. The appointment may be amended, on the understanding that an appointment in the Administrative Section may be terminated only at the request of the member.
4 A member may take part only in the task of the court if:
a. to him on the basis of passing a final examination of an education in scientific education by a university or the Open University on which the Law on Higher Education and Scientific Research relates, the degree of Bachelor ' s in the field of law and also the degree Master in the field of entitlement has been granted, or
On the basis of the results of the final examination of training in the field of law at a university or of the Open University on which it is based, he/she shall be Law on higher education and scientific research The right to have the title master has obtained. In the case of a general measure of management, detailed rules may be laid down as regards the professional requirements.
5 In general measure of directors, degrees, granted by a university, the Open University or a college as referred to in the Law on higher education and scientific research , or be designated as equivalent certificates, equivalent to the Bachelor ' s degree in law referred to in that subparagraph for the applicability of paragraph 4 (a) of that Part.
6 In special cases, a derogation from paragraph 4 may be made.
1 The Vice-President and the Members shall be dismissed by Royal Decree:
a. at its own request; and
b. As of the first day of the month following that, in which they reached the age of seventy years.
2 The Vice-President and its members shall also be dismissed, suspended, suspended, or incapacated due to a different task, and the members shall be notified by the Vice-President, by reasoned decision, by the Council, acting on a reasoned decision, warning according to Chapter 6A of the Law of the Law of the Court of Justice , except that:
-replaced by 'Attorney General': vice-presidential;
-in place of 'Deputy Prosecutor General' shall be replaced by the following: the oldest member present, in the form of an appointment;
-instead of being read either by a court or within the scope of the Minister's authority, within the Council or within the scope of our Minister of the Interior and of the relations of the Kingdom;
-replaced by 'functional authority': vice-presidential;
-the Council's communication of a decision on the Article 46p, fifth paragraph, of the Law on the legal position of judicial officers It is our Minister of the Interior and of the Kingdom's relations.
3 The Articles 46i, fifth paragraph , 46k, fifth member , and 46l, second paragraph, of the Law on the legal position of the judicial authorities shall apply mutatis mutandis, except that it shall be replaced by the following:
-in lieu of "the judicial official", the Vice-President or the Member,
-instead of "upon a proposal from Our Minister", on the proposal of Our Minister of the Interior and of the Kingdom of the Kingdom;
(i) instead of 'the Hoge Raad', the Council.
4 In the case of, or under general management, detailed rules may be laid down for provisions relating to sickness, incapacity for work and unemployment.
Only the Dutch can be appointed as Vice-President or as a member.
1 Incompatible with the office of Vice-President or member:
(a) public relations, to which a fixed payment or allowance is linked;
(b) membership of public sector colleges for which the choice is made by elections in accordance with statutory rule;
c. the office or profession of lawyer, notaris, accountant, tax consulting officer or case observer;
d. relations whose exercise is not desired for the purpose of proper performance of their duties or on the maintenance of their impartiality and independence or of confidence in it.
2 Except where the incompatibility is also derived from another legal requirement, a Member may, at the request of the first paragraph, part a, after a royal decree, hear the Council of State, grant a derogation for a given period of time from which the shall be granted.
3 During the derogation, referred to in paragraph 2, the member shall be relieved of the observation of his office.
4 The salary shall be retained for the period of the waiver of observation of his duties.
5 Relations which the Vice-President and the members fulfil outside their duties shall be made public by the Vice-President of the Commission. The Articles 44, fifth to eighth and tenth members , and 44a, first to eighth and tenth paragraph, of the Law on the legal position of the judicial officers shall be applicable mutatis mutandis.
1 Before taking up their duties, the Vice-President and the members shall, in the hands of the King, lay down the following oath (declaration and promise):
" I swear (declare) that I, to obtain my appointment, neither medic nor immediately, under whatever name or other pretext, gave or promised to anyone anything.
I swear (declare and promise) that I, to do or leave something in this office, has not adopted or will assume any gift or any promise from anyone, medic or immediately.
I swear (Promise) faithfully to the King, that I will always help maintain the Statute for the Kingdom and the Constitution and fulfill my office with honesty, conscientiousness and impartiality.
So help me God almighty! "
(I hereby declare and promise).
2 This oath (declaration and pledge) may also be made by its members in a meeting of the Council in the hands of the Vice President, empowered to do so by the King.
The Vice-President shall be prevented from being appointed by the oldest present member when he is prevented or absent from his office.
The Council shall be responsible for the tasks assigned to it by the Articles 35 and 38 of the Constitution dedicated to him.
1 State councils may be appointed.
2 They shall be chosen from among them, who have proved competence or expertise in the fields of legislation, administration or justice or in matters which affect them.
3 The state councils are appointed for life by royal decree on the proposal of Our Minister of the Interior and Kingdom Relations in accordance with our Minister of Justice. In so far as they are not charged with justice, they may be appointed for a specified period of at least three years. Vacancies shall be published in the Official Gazette and must indicate the profile of the candidate or candidates to be sought. The Second Chamber of the States-General shall, at least once a year, consult with the Vice-President on the vacancies. The Council shall make a recommendation for the appointment. The recommendation shall be heard in the section or sections of the Council of which the State Council to be appointed will be part.
4 The Articles 2 (3) to (5) , 3 , 4 , 5, first paragraph, introductory wording and point (d) and fifth paragraph , and 6 shall be applicable to them mutatis mutandis.
The State councils shall have the powers of a member of the Council in the performance of their duties.
1 State councils may be appointed in extraordinary service.
2 A State Board shall take part in the work of the Council or of one of its departments only to the extent that it has been called upon by the Vice-President to that effect.
3 The Articles 2 (3) to (5) , 3 , 4 , 5, first paragraph, introductory wording and point (d) and fifth paragraph , 6 , 8, second and third members , and 9 shall be applicable mutatis mutandis.
1 shall be added to the Council and shall be the subject of a Secretary and the necessary number of officials.
2 They shall be appointed by Royal Decree on a proposal from the Council and shall be dismissed by Royal Decree, the Council.
1 For appointment as secretary or official of State, the person shall be entitled:
a. to whom on the basis of the resulting results of a final examination of an education in scientific education by a university or the Open University on which the Law on Higher Education and Scientific Research The degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted, or
b. who, on the basis of the results of the final examination of training in the field of law, either at a university or the Open University where the examination of the Law on higher education and scientific research The right to have the title master has obtained.
Article 5, fourth paragraph, of the Law on legal status shall apply mutatis mutandis.
2 By general measure of directors, degrees, granted by a university, the Open University or a college as referred to in the Law on higher education and scientific research , or be designated as equivalent certificates, equivalent to the Bachelor ' s degree in law referred to in that subparagraph for the applicability of paragraph 1 (a).
3 In special cases, a derogation may be made from the first paragraph.
The Secretary and the officials of the State shall, before they take up their duties in a meeting of the Council, hold the following oath (declaration and promise), held by the President.
" I swear (declare) that I, to obtain my appointment, neither medic nor immediately, under whatever name or other pretext, gave or promised to anyone anything.
I swear (declare and promise) that I, to do or leave something in this office, has not adopted or will assume any gift or any promise from anyone, medic or immediately.
I swear (Promise) that I will fulfill all the duties, to my office, honestly and varly.
So help me God almighty! "
(I hereby declare and promise).
1 On a proposal from the Vice-President, the Council shall arrange for its activities and, where necessary, other matters relating to the College and not exclusively to the Advisory Division or to the Administrative Court.
2 The scheme shall be published in the Official Gazette.
1 The Council shall act by a majority of its members.
2 If the votes cease, the vote of the President of the Assembly shall be decided.
3 The Council does not decide, if less than half the number of members is present, from which the Council, including the Vice-President, exists at that time.
The Vice-President, the Members, the State Councils and the State Councils in exceptional service shall observe secrecy, provided that:
(a) the nature of the matter must be called into question;
(b) Our Minister, for whom it considers it necessary, or
(c) the majority of those taking part in the deliberations to this end.
1 The Council of Ministers has a department of advisory opinion.
2 The Department of Advisers shall consist of:
a. the Vice-President and
b. The members, the State Councils and the State Councils in extraordinary service appointed in the advisory department.
3 The members of the royal house, intended in Article 1, second and third paragraphs , have a seat in the advisory department. Article 1, fourth paragraph, shall apply mutatis mutandis.
4 The Vice-President is Chairman of the Advisory Division. Article 7 shall apply mutatis mutandis.
1 We hear the Department of Advisers on:
a. the proposals of law by us to do to the States General;
b. the drafts of general measures of management;
(c) the proposals for the adoption of a Convention or of the intention to terminate a Convention.
2 We also hear the Department of advice in cases where a law dictates this and on all matters for which we consider it necessary.
3 We bring advice to the Department for the consideration of the drafts of royal decrees to be taken under any law.
4 The proposals, drafts and decisions shall state that the Department of State advice has been heard.
1 The Second Chamber of the States-General shall advise the Section on the proposals of law brought before it by one or more members before it takes the matter into consideration.
2 In cases where the Second Chamber of the States-General considers it necessary, it shall also advise the Department on the proposals referred to in paragraph 1 after they have been taken into consideration.
3 We do not hear the Department of Advisers on the proposals of law brought before the Lower House of the States-General by one or more members before they have been adopted by the States General.
4 The first, second and third paragraphs shall apply mutatis mutandis to the States-General in a united assembly.
The hearing of the advisory section may be omitted from:
Proposals from the Act to amend the budget of the State;
Proposals of the Act approving a Convention or the intention to terminate a Convention, if this Convention or this intention was previously submitted to the States-General for tacit approval.
1 The Department of Consultation proposes the draft of a royal decree as intended Article 136 of the Constitution .
2 Within six months of the draft being drawn up, our Minister, for whom it is concerned, may request that the Department for its opinion be taken into account in further consideration of its draft. If the Royal Decree deviates from the draft or its design, it shall be placed in the Official Journal with the draft referred to in paragraph 1 and if it is discussed, the draft. If a request as referred to in the first sentence has not been made within six months, the Royal Decree shall be drawn up in accordance with the draft.
The Department of Advisers should also advise us if it considers it necessary.
1 The Department of Advisers shall, upon request, inform Our Ministers, or one of the Chambers of the States-General of Information in matters of legislation and administration.
2 If information is given to one of the two Chambers of the States-General, this Chamber shall arrange for the publication of the information in question. Article 26, first paragraph, part c .
In the cases specified in Article 17 , the matter shall be raised by us, either by our Minister for whom it is concerned, or by our Minister under royal authorization.
1 Our Ministers shall give the opinion of the Department for the information required in connection with the exercise of its duties.
2 The request to advise other persons other than our Minister, to whom it is concerned, shall be made by means of the intervention of the Office.
3 The Vice-President may call on persons to provide guidance and advice to the Department for the opinion of the Department.
The Department of Advisers shall discuss matters with our Minister, who shall concern it, if the Department of advice or the Minister is required to request it.
Such communication shall be communicated to the Department for its opinion on matters on which the Advisory Division has been heard.
1 Our Minister for whom it is directly concerned shall make public in the Official Journal of the European Union.
a. Opinion of the Advisory Department, requested by Us,
b. Opinions as referred to in Article 21 ,
c. information in matters of legislation and governance as referred to in Article 21a .
2 The disclosure of the opinions referred to in paragraph 1 (a) shall be published together with disclosure of the text submitted to the Department for the opinion of the Section and of the details of the report to Us. It shall take place in respect of
a. opinions on proposals of law sent by us: simultaneous with their submission to the Second Chamber of the States-General;
b. opinions on proposals of law by the States-General to Us: simultaneously with the publication of the law;
(c) advice on treaties with other powers and international organisations, to be communicated to the States-General for tacit approval: at the same time as their production to the States-General;
d. opinions on general measures of administration and other royal acts: simultaneous with the publication.
3 Disclosure of opinions referred to in paragraph 1 (a), which cannot be carried out as provided for in paragraph 2, and the disclosure of opinions referred to in paragraph 1 (b) and information in matters of legislation and management as referred to in paragraph 1 (c), shall be made no later than 30 days after the opinion, nomination or other proposal of the Department for the opinion of the Committee on Information in the Matters of the the legislation and administration of that Section. Where appropriate, the text shall be made public, where appropriate, and the text submitted to the Department for the opinion of the Section and the Royal Decree, if the publication is not settled elsewhere. The disclosure shall take place in accordance with the procedures laid down in Article 9, first and second paragraphs, of the Public Administration .
4 Disclosure shall be omitted in the cases provided for in Article 10 of the Public Administration .
5 Active disclosure may be omitted if an opinion as referred to in paragraph 1 (a) is no longer instable or contains only comments of a drafting nature.
In its opinions referred to in paragraph 1, the Department shall propose the application of the provisions of the fourth or fifth paragraph.
1 The Second Chamber of the States-General and the States-General in a unified assembly shall be responsible for making public the opinions of the Department for the opinion of the Committee of the European Union. Article 18, first and second paragraph, fourth paragraph , as well as for a written response to these opinions.
2 The disclosure of the opinions shall be made together with disclosure of the written response.
3 Publication shall be omitted in the cases provided for in Article 10 of the Public Administration .
4 Active disclosure may be omitted if the opinion is without further insti tuation, or contains only comments of an editorial nature.
The Section of the Advisory Committee shall include in its opinions proposals on the application of the provisions of the third or fourth paragraph.
1 In the preparation of opinions and draft decisions, the Department shall base its deliberations on closed doors.
2 The opinion division shall decide by a majority of votes.
3 If the votes cease, the vote of the President of the Assembly shall be decided. That fact is mentioned in the opinion.
If less than half of the members of the department are advised, the opinion of the Section shall be decided not.
The opinions shall state the reasons on which they are based.
2 The person who, at the meeting of the Department of Opinion, expressed a dissenting view of a majority may issue a separate opinion.
3 This opinion shall be annexed to the opinion of the Department of Advisers.
1 The Chairman shall arrange for the proceedings of the Department for the opinion of the Section.
2 The scheme shall be published in the Official Gazette.
1 In the preparation of:
a. An opinion on the destruction of a decision; or
(b) a draft decision on a dispute as referred to in Article 136 of the Constitution , the Department may advise interested parties, witnesses, experts and interpreters to be heard.
2 Article 45 and the Articles 8:24 , 8:25 , 8:27 to 8:29 , 8:31 to 8:36, first member , 8:39 , 8:50 and 8:61 of the General Law governing law shall be applicable mutatis mutandis.
3 An official appointed by Our Minister, who shall be the subject of the appointment, may be present at the debate to give information.
4 Post posts and other pieces designated by Our Minister are not public.
5 The design of a royal decree to destruction is not public.
The Vice-President, the Members, the State Councils and the State Councils shall not participate in the deliberations and shall not participate in the deliberations if, as a result, their impartiality could suffer harm.
1 The Council has a section on administrative law.
2 The Administration-Jurisprudence Division consists of the members, the State Councils and the State Councils in extraordinary service appointed in the Administration-Jurisprudence Division.
1 By royal decree on a proposal from Our Minister of Justice in accordance with our Minister of the Interior and Kingdom Relations, the members of the Board of Administration who meet the requirement shall be drawn up in accordance with Article 2 (4) , appointed a chairman of the board of administration justice. Before the appointment, the Council shall hear a recommendation, the administrative section of the Board of Governors shall be heard.
2 The appointment is valid for life. It may be withdrawn only at the request of the President and shall lapse in the event of resignation as a member of the Council.
3 The Chair may be replaced by another member of the Board of Administrative Jurisprudence meeting the requirement, stated in Article 2 (4) .
4 The chairman is a member of the Council of State, if necessary by derogation from Article 1, first paragraph .
5 The Chairman shall arrange for the proceedings of the Administrative Section.
6 Officials designated in writing by the President shall carry out the work entrusted to or pursuant to the Law to the Registrar.
The Administrative Section of the Court of Justice shall be responsible for the judgment of the litigation conferred upon it by the Law.
1 The Department of Administrative Law is and occupies, on the proposal of the President, single, multiple and large chambers.
2 The multiple rooms and large rooms consist of three or three five members, one of whom is acting as chairman.
3 Members of the Administrative Section who do not meet the requirement laid down in Article 2 (4) , you can:
a. Do not have a seat in a single room and
b. Do not constitute the majority of the members of a multiple or large chamber.
4 A member of the Board of Administrative Court which has been involved in the drafting of an opinion of the Council does not take part in the proceedings of a dispute on a legal question to which that opinion relates.
1 The chairman of a multi-or large chamber shall ask for a roll-call question in a council chamber. The President shall make his own judgment as the last one himself.
2 Each member shall be required to take part in the decision-making process.
3 An absent member may not nominate his judgment by any of the members present or cast it in writing.
It shall be prohibited to the members of the Administrative Section and to the officials of the Section responsible for the purposes of this Section:
(a) which they have known as such have been made known beyond the performance of their duties;
b. to reveal the feelings expressed in a hearing room; and
(c) a case before them or a case which they know or may reasonably suspect are to be brought before them, in any particular way, to contact parties, agents or the person assisting a party.
1 The Chairman of the Administrative Section of the Court of Justice establishes a system of procedure for the treatment of complaints.
2 Complaints may not be a judicial ruling.
3 Title 9.1 of the General Administrative Law Act , with the exception of the phrase "or any other" in Article 9:1, 1st paragraph , shall apply mutatis mutandis, except that the administrative authority shall be governed by the Administrative Section.
4 The scheme referred to in paragraph 1 shall be published in the Official Gazette.
1 Against the Vice-President, state councils and state councils in extraordinary service, neither a legal proceedings nor a legal action can be brought on account of what they had during the deliberation in the Council, the Department for the Advisory Section, the Section rule-law or a Chamber of that Section of that Section has said, or have submitted in writing, a Board of Administrative Court.
2 Article 42 of the Law of the Law of the Court of Justice shall apply mutatis mutandis to the members of the Administrative Section, except that 'Our Minister' shall be read all the time: the Minister for the Interior and Kingdom Relations.
This law is cited as: Law on the Council of State.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 9 March 1962
JULIANA.
The Minister of the Interior,
E. H. TOXOPEUS.
The Minister of Justice,
A. C. W. BEERMAN.
Published the thirtieth March 1962.The Minister of Justice,
A. C. W. BEERMAN.
