Netherlands

Constitution of the Kingdom of the Netherlands (2002, last amended 2008)

Updated: June 2015

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Article 54 states:

(1) The members of the Lower House shall be elected directly by Dutch nationals who have attained the age of eighteen…

(2) The following persons shall not be entitled to vote…

  • (b) anyone who has been deemed legally incompetent by a final and conclusive judgment of a court because of mental disorder.

 

Excerpt from the Constitution of the Kingdom of the Netherlands (2002, last amended 2008)

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Article 35 states:

(1) If the Cabinet (Ministerraad) is of the opinion that the King is unable to exercise the royal prerogative it shall inform the two Houses of the States General accordingly and shall also present to them the recommendation it has requested from the Council of State (Raad van State). The two Houses of the States General shall then meet in joint session.

(2) If the two Houses of the States General share this opinion, they shall then resolve that the King is unable to exercise the royal prerogative. This resolution shall be made public on the instructions of the Speaker presiding over the joint session and shall enter into force immediately.

(3) As soon as the King regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session. The King shall resume the exercise of the royal prerogative as soon as the Act has been made public.

(4) If it has been resolved that the King is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.

 

Article 37, paragraph 1 states:

The royal prerogative shall be exercised by a Regent: …

  • (c) if it has been resolved that the King is unable to exercise the royal prerogative…

 

Article 54, paragraph 2 states:

The following persons shall not be entitled to vote…

  • (b) anyone who has been deemed legally incompetent by a final and conclusive judgment of a court because of mental disorder.

 

Article 56 states:

To be eligible for membership of the States General, a person must be a Dutch national, must have attained the age of eighteen years and must not have been disqualified from voting.

 

Excerpts from the Constitution of the Kingdom of the Netherlands (2002, last amended 2008)

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Article 35 states:

(1) If the Cabinet (Ministerraad) is of the opinion that the King is unable to exercise the royal prerogative it shall inform the two Houses of the States General accordingly and shall also present to them the recommendation it has requested from the Council of State (Raad van State). The two Houses of the States General shall then meet in joint session.

(2) If the two Houses of the States General share this opinion, they shall then resolve that the King is unable to exercise the royal prerogative. This resolution shall be made public on the instructions of the Speaker presiding over the joint session and shall enter into force immediately.

(3) As soon as the King regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session. The King shall resume the exercise of the royal prerogative as soon as the Act has been made public.

(4) If it has been resolved that the King is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.

 

Article 37, paragraph 1 states:

The royal prerogative shall be exercised by a Regent: …

  • (c) if it has been resolved that the King is unable to exercise the royal prerogative…

 

Article 56 states:

To be eligible for membership of the States General, a person must be a Dutch national, must have attained the age of eighteen years and must not have been disqualified from voting.

 

Excerpts from the Constitution of the Kingdom of the Netherlands (2002, last amended 2008)