Government and rule of law in the Netherlands

A constitutional monarchy and a democracy

The Netherlands is a constitutional monarchy (constitutionele monarchie) and a parliamentary democracy.

• The King (Willem-Alexander since 2013) is head of state. He signs laws, reads the Troonrede on Prinsjesdag and represents the country, but he has no political power of his own.
• The ministers are responsible for government policy, not the King (ministeriële verantwoordelijkheid). The minister-president (prime minister) leads the cabinet.
• The government (regering) is the King plus the ministers.

Parliament: the Staten-Generaal

Parliament meets in Den Haag. The Tweede Kamer is the most important chamber. After elections, parties usually need to form a coalition, because no party wins a majority on its own.

Levels of government and elections

The gemeente is led by the burgemeester (mayor, appointed by the government, not elected), the wethouders (aldermen) and the elected gemeenteraad. The province has a Commissaris van de Koning.

Voting is secret and free. Nobody may tell you how to vote, and you vote yourself in the voting booth. You need your stempas and an ID.

The Grondwet and basic rights

The Grondwet (constitution) contains the basic rights. The most famous is article 1: everyone in the Netherlands must be treated equally in equal cases, and discrimination because of religion, belief, political opinion, race, sex, disability, sexual orientation or any other ground is not allowed.

Other rights include:

• freedom of religion (vrijheid van godsdienst): you may have any religion or none, and change religion;
• freedom of speech (vrijheid van meningsuiting) and of the press;
• freedom of education: groups may start their own (e.g. religious) schools;
• the right to privacy, to vote, and to assemble and demonstrate (usually you notify the gemeente first).

Separation of church and state: the state does not interfere in religion, and religious organisations do not run the state.

Limits to freedom

Freedoms are broad, but not unlimited. Not allowed are, for example: threatening someone, inciting hatred, discrimination or violence, insulting a group because of its religion or origin, and spreading someone's private information to harm them. Religious rules never stand above Dutch law.

The rule of law (rechtsstaat)

In a rechtsstaat the government also has to follow the law, and citizens are protected against abuse of power.

Separation of powers (trias politica):

The police investigate and arrest, the Openbaar Ministerie (public prosecution) decides whether to prosecute, and a judge decides whether someone is guilty and what the punishment is. Everyone has the right to a lawyer. You may not take the law into your own hands.

Exam logic

The King has no political power; the Tweede Kamer has 150 members; non-Dutch residents may vote for the gemeenteraad after five years; freedom has limits when you hurt others; a judge, not the police, decides on punishment.