Features of the legislative power. Political system of the Netherlands

Organization state power and management

In the form of the Board, the Kingdom of the Netherlands refers to a constitutional monarchy, meaning that the implementation of all powers has certain limitations and no authority has all the fullness of power. According to the 1983 Constitution, the legislative power belongs to the king and general states, the executive power - the king and the Council of Ministers, the judiciary - the Supreme Court and the lower courts of the Kingdom.

Officially, the head of state is the king (in the Netherlands since 1980, the corresponding functions are carried out by the Queen of Beatrix).

The post of head of state is inherited and belongs to the legal heirs of King Wilhelm Orange-Nassau. The order of the prestiplotia is regulated by the Constitution. Until 1983, the Prepolyasing system in the Netherlands was Castilic (the rule about the priority of sons in front of the monarch's daughters). Currently, inheritance is carried out on the principle of origin (the throne moves to the senior legal heir to the king after his death; if the eldest child dies during the lifetime of the king, his other senior child becomes the heir). If the King has no heirs, the throne moves to the older heir to his father, and in the absence of the last - the throne inherites the eldest in the family (at the same time he can inherit the throne, a member of the royal family, consisting of related to the king, but not more than the third degree).

The rule of the king stops not only death, but also his renunciation. The monarch renunciation is unilaterally signed, the only party is the king. Children born after renunciation, and their successors are excluded from among those inheritance. Entry into marriage without the consent of the legislative body will automatically mean renunciation.

For the giving consent to the marriage of King in general states, a joint session of the Chambers is convened (this prevents the possibility of adopting two different solutions to the parliament with two chambers).

In addition to the inheritance of the throne, it is possible through the destination of the king. The Constitution describes two procedures when it can occur.

First, the heir can be appointed as an act of parliament, which is accepted in the absence of legal heirs. The adoption of such an act requires a special procedure. After making this bill, the king or on his behalf of both the House of General states are dissolved, and after new elections, the Chamber discusses this bill at its joint session. The bill must be approved by a qualified majority of (2/3) of Parliament.

Secondly, the successor can be appointed if after the death of the king or after his renunciation there is no hereditary successor to the king. The procedure in this case is as follows: Chambers are dissolved; New chambers are collected at a joint session four months after death or a monarch renunciation in order to decide on the appointment of the king. As in the previous case, the appointment must confirm a qualified majority in the wards of general states. The appointed king can convey its power only to its legal heirs.

The Constitution considers three cases recognizing the inconvenience of the king.

First, we are talking about the time of the minor (the constitution provides that the king uses its power to achieve the age of majority).

The second case concerns the temporary refusal to the king from the execution of their powers. Both the refusal to execute the authority and the resumption of the implementation of royal authorities are made through the act of parliament on the personal initiative of the king. General States are discussing and deciding this issue at a joint meeting.

The third case relates to the so-called motivated recognition of the king is not impeamable. If the Council of Ministers comes to the belief that the king is not able to exercise its powers, then after receiving the consultation of the State Council informs the general states about it. In this case, Parliament meets at a joint meeting to solve this issue. If the Parliament agrees with the opinion of the Council of Ministers, he declares the incompleteness of the king. It is important to indicate that the king is not losing the throne, but only the ability to carry out its power; As soon as he becomes able to do business again, his power is resumed.

If one of the above circumstances arises, then the royal functions are performed by regent appointed by the Parliament Act. In the absence of the king and regent, the State Council fulfills royal duties.

The constitution is made a distinction between the king itself (provisions on the prestiplotia, regency, incompleteness) and the king as part of the government, which acts together with one or more ministers, as well 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 immunity (immunity). At the same time, in order to overcome the potential disadvantages of the existence of royal immunity associated with the possibility of abuse by the king of their authorities, the constitutional law establishes the responsibility of ministers and contraosignation of the monarch's acts (any of its acts are subject to approval and signing by one or more ministers that are responsible for these acts adopted by the signature of the king).

In this regard, the minister is responsible to the general states for its own actions and actions of the king inside the government (there was an exception to the second world WarWhen the government was evacuated to London, and Queen Wilhemina took considerable participation in his activities).

In addition, the responsibility of ministers applies to the actions of the king outside the government, namely as the heads of state and when implementing personal rights; In this case, the minister is not authorized to prevent personal acts and the actions of the king, but he can only try to influence the monarch before or after the publication of such an act or performing action.

In addition to immunity, the Constitution provides for other personal rights with which the king possesses, for example, we are talking about its annual content from the state budget in accordance with the rules that are established by the Act of Parliament.

The prerogative of the king as the head of state applies, above all, participation in the formation of a new government after parliamentary elections. Monarch consults with the leaders of factions, chairmen of the Parliament chambers and with the Vice-Chairman of the State Council. According to their recommendations, the king can appoint a "informant", which finds out which parties are willing to work together in the government. In the appointment of an informator, there is no need if you know in advance which parties want to share together the Council of Ministers. The result of the negotiations between these parties is an agreement on the conditions of the formation of the government. In this agreement, the plans of the coalition for the upcoming four-year period of the Board are set. 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 Royal Decree and are given to the oath of the monarch.

In addition, the king proclaims a throne speech at the beginning of the parliamentary year, when government plans are submitted for the coming year. Also officially the king appoints the highest officer, commissars of provinces, judges, governors and vice-governors of overseas territories. The monarch authority includes the convocation and dissolution of parliament, the announcement of the war and the conclusion of the world, the disposal government finances; He owns the right of pardon.

At the same time, the power of the monarch is essentially limited, and its role is more symbolic - the personification of the unity of the kingdom. It carries out workers visits and is present on important events where it is the main figure.

As a deliberative and advisory body, under the head of state, the State Council is functioning, which provides compulsory advice to the Government of the draft laws represented by the Government of the Lower Chamber, on the draft royal decrees, orders in the Council, on proposals for ratification (denunciation) of international treaties, adopts general administrative rules. The opinion of the State Council is necessarily requested by the government when canceling the decisions of the provincial states and their executive commissions. The government is authorized to consult a state council in other cases where the king and government members find it necessary. The State Council may offer advice on their own initiative.

The State Council explores the legal aspects of draft laws, including their compliance with the Constitution of the Netherlands, determines the presence of legal grounds for following the existing policies, compliance with the basic principles of adequate lawmaking and management, their feasibility and uniformity.

The decisions of the State Council are announced. Consultation of the State Council on government bills is communicated to general states.

In the absence of the king and regent, the State Council carries out royal powers. The State Council has the right to investigate the circumstances of administrative disputes, the decisions on which are accepted by the decree of the king, and to submit recommendations for resolution.

The State Council includes: the king is the chairman (ceremonial role), the heir to the throne and other members of the royal family. In addition, state councils and emergency advisers appointed to address certain issues in the field of competence of the State Council are included in the State Council. The relevant members of the State Council are former public figures, judges, businessmen and are appointed by the Royal Decree on the recommendation of the Minister of Internal Affairs after agreement with the Minister of Justice (the minimum age for appointment to the Council is 35 years old). They are in position for life (until the age of 70), but may be temporarily removed from office or dismissed by the Council in cases established by the Act of Parliament.

Legislature. The highest representative and legislature in the Netherlands are general states (parliament). Parliament consists of two chambers: upper (first) (75 places) and lower (second) (150 seats). The bikameral parliamentary system was introduced in 1815, it was believed that both chambers of parliament represent the population as a whole.

The Lower Chamber of General State is the Chamber of Professional Policies and is elected by direct universal secret voting on a system of proportional representation for four years.

Citizens of the Netherlands, which have reached 18 years old, with the exception of those persons who do not have a permanent residence in the Netherlands and are deprived of this foundation of electoral rights on the act of parliament. In addition, the election law does not possess subjected to imprisonment in prison for a sentence of the court for a period of at least one year and at the same time deprived of the rights of the voting, as well as incapable individuals.

The Upper Chamber is elected indirectly on a system of proportional representation for four years. Deputies of this Chamber are elected by deputies of the provinces advice, while the specified elections are held no later than three months after the elections of the provinces advice, unless the Chamber of the previous convocation was not dissolved.

The legal basis of the election campaign in the Netherlands are the electoral code of 1989 and the Law "On the State Financing of Scientific Research Institutions operating under the auspices of political parties" 1975

There are about 75 political parties in the country, while candidates for parliamentary elections usually put forward about 25 parties. At the same time, there are three main currents in the party system: 1) a confessional (Christian-democratic appeal); 2) Socio-Democratic (Labor Part); 3) Liberal (folk party for freedom and democracy). It is noteworthy that the Constitution does not contain the provisions on political parties, while there is no special law. The legal status of political parties is governed by the provisions of the Constitution on the association, the norms of the Civil Code and the Electoral Code. Parties are considered public, and not government organizations that have certain goals.

Places obtained by the list of the party in the elections to parliament are divided between candidates using a quota: First, the places are distributed between candidates who received more than half of the quota; If after that there are unallocated places, priority is given to candidates whose name is recorded above in the list.

Each Chamber of the Dutch Parliament has a regulation (permanent orders), and also elects the chairman from among its members. The chambers work in a session order, while carrying out both separate and joint meetings of the chambers. Joint meetings of the chambers are held when considering the question of the inheritance of the throne and annually when presenting the Government of the State Policy Application. Chambers of Parliament can make decisions without voting by raising hands or rises. Conducting meetings of chambers and the adoption of solutions is allowed only in the presence of most members of the Chamber.

The composition of permanent and special committees of the chambers of parliament is formed in proportion to the number of fractions. Parliamentarian can be a member of several standing committees formed in the wards.

The parliamentary mandate in the Netherlands is incompatible with the post of Minister, the Secretary of State, a member of the State Council, the General Accounts Chamber and the Supreme Court, the Prosecutor General or the Secretary General at the Supreme Court. Parliamentarians are not subject to persecution (in a criminal, disciplinary, civil-law) for all that they said or wrote in parliament and in parliamentary committees; If the parliamentarian abuses the immunity in his oral statements, the Chairman of the Chamber can make him comments, deprive the words or remove from the meeting room.

Each chambers can be dissolved by the decree of the king. At the same time, the corresponding decree should contain provisions on holding new elections of the Chamber and its convocation no later than three months. 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 the 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 Chamber of the previous convocation, ends on the day, in which the term of office of the Lucked Chamber was supposed to end.

The publication of laws is the most important direction of the activities of general states. The first chamber recognizes the political rule of the lower chamber. Only the Lower Chamber may initiate the adoption of the law and the amendment to it, and all the bills are made in this particular chamber. At the same time, the upper chamber does not have the right of legislative initiative and cannot make amendments to the bill approved by the Lower Chamber. The functions of the upper chamber are reduced to the approval of bills already developed and adopted by the Second Chamber; The corresponding chamber can only reject the bill.

According to the Constitution, parliament exercises legislative authority together with the monarch, in connection with which, in addition to the Lower Chamber, the bills may be represented by the king and on his behalf. The government introduces 95% of all bills signed by the king, while parliamentarians mainly discuss bills and control ministers; The Ministry of Justice is primary responsibility for government legislative policies. The State Council gives assessing government bills before making them for consideration by Parliament. Some bills prepared by the government are examined by the Social and Economic Council.

The bill must be approved by the king and the minister's countessign. Despite the fact that the monarch is formally endowed with the right to deviate a bill, in practice the relevant possibility is never used. Laws come into force a month after their publication in the official bulletin.

General states are endowed with significant powers in the financial and budget sector. After the opening of the next session, the Council of Ministers is provided to the lower chamber of the draft law on the budget. After its approval, the bill is heading to the upper chamber, after which it is transmitted to the approval of the king.

Other an important area The activities of the Netherlands Parliament is to participate in the formation of state authorities and the implementation of the control of their activities. First of all, we are talking about the influence of the Parliament on the formation of the government. Although formally the purpose of the ministers is carried out by the king, appropriate appointments are made only in relation to a particular party or coalition of parties, which has most places in the lower house of parliament. As part of the control over the activities of the Government, the General States may make a vote of distrust in relation to both individual ministers and the Council of Ministers in general (in this case, the government is resigned, or a decision on the dissolution of parliament is made, while in accordance with the Constitutional Agreement the government cannot dissolve Parliament more than 1 time for one reason). General States can be investigating the activities of ministries through the creation of special commissions. In addition, every parliamentarian has the right to ask questions to ministers (their deputies). At the same time, the use of the right to interpline (oral debate with a member of the government) is allowed, which requires the approval of the House of General States.

The powers of the Lower Chamber also applies to the appointment of the national ombudsman, participation in the appointment of the judges of the Supreme Court and officials of the General Accounts Chamber.

Executive. Before the Constitutional reform of 1983, the Constitution proclaimed that the head of the executive power is the king, however, from the moment of this reform, the Constitution does not contain direct instructions on who owns the executive. The Constitution provides that the government consists of a king and ministers that form the Council of Ministers, and responsibly in front of the general states.

Members of the Council of Ministers are officially appointed by the king, and actually put forward by parties of the parliamentary majority. Due to the fact that, as a rule, the parties do not receive the majority in parliament, the government has a coalition character. Chairman of the Lower Chamber - a personal adviser to the monarch in the formation of the government. The Council of Ministers is based on a political balance in the lower chamber. In addition, the monarch can consult with the chairman of the Upper Chamber and the chairmen of its factions, however, the Top Chamber factions play a less significant role in creating a coalition government. The composition of the coalition government does not always reflect the election results in the Netherlands. Thus, in contrast to the previous period, when the ministers functioned as servants of the crown, currently their main role is to submit a parliamentary majority that has been included in 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 coalition, the Prime Minister divides power with the leaders of other political groups presented in the Council of Ministers; He is not entitled to shift the minister without approval of the party and may be an arbiter between the ministers only in their consent. The ratio of the cooding between the prime minister and the ministers is absent.

New Council Ministers during the first appearance in parliament makes a government statement. The government in the annual throne speech, pronounced by the king, informs the parliament about his policy; The government program, as a rule, reproduces a coalition agreement.

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

Preparation of projects of laws and acts of government;

Conclusion of international treaties and intergovernmental agreements;

Maintaining diplomatic relations with other states;

Budgeting;

Management by ministries and lower executive authorities;

Direction to the king of proposals on the appointment of senior officials of the civil and military administration, governors and vice-governors of the overseas territories and authorized king in the provinces.

As already noted, the ministers, and not the king, are responsible for the activities of the government. At the same time, the king is not entitled to act in the government without the Minister: each law and each decree signed by the king are additionally signed (smoking) by the minister or ministers. It is noteworthy that in practice, ministers take the initiative to prepare royal decrees on themselves, despite the fact that the king is formally free to make its own proposals for the publication of such decrees. The discussions between the ministers and the monarch are kept secret, which warns the involvement of the king into political disputes.

It is customary to distinguish the following types of ministers. First, ministers may be subjected to criminal liability in the performance of certain offenses, for example: an intentional violation of the Constitution or the norms of nationwide management; The fulfillment of the decree of the king, not a contrainated minister. In this case, the Minister for the decision of the king and the lower chamber of general states should appear before the Supreme Court, but there were no such situations in practice.

Secondly, we are talking about the political responsibility of ministers in front of the general states, when the parliament does not support government proposals and makes a vote of distrust (practiced from the 1840s).

Thirdly, as a result of erroneous actions related to payments that are not covered by the budget, the Minister shall be financially responsible. In addition, in certain cases, the Minister may carry civil liability, which is governed by the Civil Code.

The role of the socio-economic council, which is the advisory authority of the government for a number of socio-economic problems. The Council operates in 45 members: 15 are appointed by entrepreneurs, 15 - trade union and the 15th - state (including the Chairman of the Board of the Central Bank, Chairman of the Central Planning Bureau, University Officials, Consumer Protection Organizations). In this regard, the Council has a three-stated structure (representatives of the organizations of workers, employers and experts appointed by the Government).

Judicial branch. Legal regulation The Netherlands judicial authorities are based on the Constitution and the Law "On Judicial Organization" of 1827 (with amendments of 1911 and 1971), which differ in two categories of ships: the courts of general and special jurisdiction.

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

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

At the head of the judicial system there is a Supreme Court (established in 1838), considering some categories of affairs in the first instance and speaking by the highest cassation.

As the first and last instance, the Supreme Court permits cases of deputies and former deputies of general states, ministers and other senior officials in the offenses committed by the relevant persons during their stay in office, in the manner prescribed by the Act of Parliament.

The Supreme Court considers as the highest and last instance of the cassation complaints of the accused and public prosecutor to solve subordinate courts and supreme courts of the Netherlands Antille Islands and Islands of Aruba, as well as the statements by the Prosecutor General at the Supreme Court of Cassation in the interests of the right to decisions under which improper norms are applied Rights or when making procedural norms.

In cases and in the manner prescribed by the Act of Parliament, the Supreme Court may cancel in the order of cassation of the decision of the lower judicial authorities, if they violated the law. The Supreme Court provides uniform interpretation and application of laws throughout the country, and also plays a significant role in the development of law.

The Supreme Court of 26 people has a Chamber of Civil Affairs, the Industrial Chamber, the Chamber, considering tax affairs and issues related to expropriation, the Chamber of Criminal Cases, the Chamber, which resolve disciplinary affairs for judges. At the same time, the largest chamber, considering tax matters (it consists of 11 members, while, for example, chambers in criminal and civil cases - respectively out of ten and nine members).

Appeals courts (their five; located in Amsterdam, Arnhem and others big cities) Consider in collegial order (of three judges) appeal on solutions and sentences of district courts in civil and criminal cases. In these courts there are chambers (sections). The relevant sections of the appellate courts disassemble complaints about the decisions of administrative bodies on tax credentials. In the appellating court of Arnhem, there are branches where complaints about solving cantonal courts on land lease issues and to refuse to issue licenses. One of the chambers of Appeal Court Amsterdam considers disputes associated with the activities of companies.

District courts are formed in 19 court districts, which are divided by the territory of the Netherlands. The corresponding courts are considered at first instance all civil and criminal cases, except for the least significant, as well as complaints about solving cantonal courts. Such complaints, as well as the most serious and complex cases on the first instance, listen to the colleges of the three judges, most of the cases (including the crimes punishable by a fine or imprisonment for up to six months) are solely disassembled by the judges.

Until 1998, the lower judicial authority was 62 cantonal (sub-service) courts, in which the judges solely disassemble insignificant civilian disputes (with the sum of up to 500 guilders) and cases of criminal acts belonging to the category of financial and economic and transport misconduct. In 1998, the sub-armored courts were integrated into the district and formed the courts of first instance (consider claims for minor amounts, all issues related to hiring, and family deeds); However, the right to appeal the sole solutions of the judge to the district court is preserved.

The judges are appointed to the position of Decree of the King (in fact, the Minister of Justice calls the candidates of judges recommended by the court, where there are corresponding vacancies). The members of the Supreme Court are appointed by the king (in fact by the government) from the list of three persons represented by the Lower Chamber of Parliament, which usually includes persons who are heading the list of names submitted by the Supreme Court.

The judges are appointed for life and they are displaceable. Their powers are terminated by resignation or achieving maximum age (70 years). The judges can be removed from office or dismissed from the post by decision of the relevant court in cases established by the Parliament Act (for example, on the basis of apparent unsuitability).

An important requirement The activities of the courts of general jurisdiction are the vowel consideration of affairs, except in cases established by the Act of Parliament; availability in court decisions of a clear legal justification; Public announcement of solutions.

Jury Courts functioned in the Netherlands for long (1811-1813). Currently, persons who are not judges are not involved in the administration of justice along with the judges (although such an opportunity is provided for by Art. 116 of the Constitution). However, the exemption is the presence of two judges and a serviceman as part of the military branches of the district and appellate courts, and in the department for consideration of prisoners - three judges and two psychologists' experts.

Significant assistance to the judge in the preparation of cases is provided by Clerk (secretary), which has legal education. In addition, there is a post of Baylifa, which has no legal education, but successfully passed state exams. Beelif sends the respondent agenda to the court and payment requirements, acts as a bailiff, executes court decisions, performs notarial actions, imposes arrest to real estate and sells it at auctions in order to return debt to the creditor.

The characteristic feature of the judicial system of the Netherlands is the absence of an institution of special opinions: the court acts as a single body when making decisions.

The courts of special jurisdictions allow cases arising in the field of family, labor, tax law; They consider citizens on unlawful actions (inaction) of public authorities.

In particular, administrative courts are functioning in the Netherlands, considering complaints of civil servants to solve higher administrative instances or the statements of citizens to the illegal actions (inaction) of the executive bodies.

In addition, there are disciplinary courts that control compliance professional Codes behavior. According to the law "On the Lawyers" of 1952, the behavior of lawyers control 19 special disciplinary vessels; Their appeal is possible at the Disciplinary Court of Appeal in Utrecht. Among these courts, public disciplinary courts are allocated, considering cases of negligent treatment of patients.

An important trend is the integration of special courts into a system of common courts (since 1991 military courts have abolished, and in 1992 - special courts on social security issues that were included in the system of district courts).

In the Netherlands, extrajudicial dispute resolution institutions (arbitration) are widespread. Arbitrators can be elected at the request of the parties, often choose them from among experts in a particular area. For example, trade unions organize commissions to resolve consumer complaints; The media establish arbitrators for consumer collective affairs; There is an institution of divorce mediators.

The Netherlands Prosecutor's Office personifies the public prosecution service that functions at every court. The relevant service consists of the following links:

Attorney General at the Supreme Court of the Netherlands and his assistants - four general lawyers at the Supreme Court, providing the Supreme Court of Tips related to the revision of the case;

Five general prosecutors and their assistants - Civil Lawyers of Appeal Ships;

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

Employees of public prosecution services do not act as representatives of the state in civil cases, special lawyers are fulfilled.

However, the Prosecutor General and his deputies, the general lawyer at the Supreme Court are authorized to give advice on civil cases permitted by the Supreme Court. The Prosecutor General has the right to submit a cassation complaint to the Supreme Court in the interests of the right against any final decision of the lower court after the exhaustion of ordinary remedies. The Prosecutor General on its initiative initiates criminal cases in the competence of the Supreme Court. Public prosecution service also executes court decisions.

Public prosecutors are appointed by the king for an indefinite period and resign in 65 years (the Prosecutor General - at the age of 70); The Prosecutor General is independent of the Minister of Justice; The rest of the prosecutors are formally submitted to him, but in practice independent.

Local self-government and management

For the first time, the law regulating the activities of municipalities was adopted in 1848. At that time, three domineering levels have already been established: the central government, regional (provincial) power and the city.

Currently, issues of the organization of public authorities at the local level in the Netherlands, as well as its relationship with the central authorities, are regulated by the Constitution, laws "about local authorities", "On Provinces", "On the financial relationship between local authorities and the Central Government" and other acts .

The Kingdom of the Netherlands is a decentralized unitary state, which consists of three types of territorial groups. The administrative-territorial unit is the province, the total number of which is in the Netherlands 12: North Holland, South Holland, Utrecht, Zeyland, North Brabant, Limburg, Helderland, Overalesel, Groningen, Drenthe, Friesland, Flevolandia - Last Province, established in 1986. Relevant The provinces, in turn, are divided into municipalities (their 478; while the largest municipality of Holland is Amsterdam). The provinces and municipalities can be abolished and established in accordance with the Act of Parliament (their administrative-territorial device is also established by the Act of Parliament).

It should be emphasized that the number of municipalities decreases, since the state seeks to improve the effectiveness of administrative management through the reorganization of municipalities (most often with their association). In addition, there are two overseas possessions in the Netherlands (due to their presence, the unitary nature of the state-territorial structure of the Netherlands acquires signs of federalism).

The Constitution establishes the rule of the central authorities and the unity of the vertical of government, while the local government is a kind of continuation of the central government in the field. At the same time, the relationship between the central and local authorities is not rigidly hierarchical. Territorial decentralization embodies the province and municipality, which are autonomous publications with certain independence (with their rights gradually expand). In addition, functional decentralization implies the rule-making and administrative authority of the governing bodies water resources, consumer councils, main industrial councils and industrial councils.

According to the Dutch legislation, the provincial tasks include: supervision of local authorities and water management bodies; repair and construction of waterways, gateways, roads, channels; Waste placement; Planning in cities and rural settlementsexpressed in the development of regional development plans of the territory and approval of local land use plans; Planning, organization and subsidization of charitable activities. In turn, the municipality solves the following tasks: providing public order, solution of housing issues, environmental protection, waste disposal, subsidizing public education, preservation of monuments and support for art.

The provinces and municipalities can independently accept decisions on cases that relate to their competence. At the same time, these decisions should not contradict the existing legislation at the central level (the Constitution, the laws, orders in the Council or the Resolution of Ministers), and if we are talking about municipalities, the rulings should not contradict the decrees acting in the relevant province. The provinces and municipalities are obliged to cooperate when performing acts of national state bodies. According to the provisions of the Constitution, the decisions of the provincial bodies and municipalities are subject to preliminary control by the central government in cases established by the Act of Parliament or in accordance with the Parliament Act. At the same time, solutions to the provincial bodies and municipalities can be canceled by the Royal Decree if they contradict the law or public interests.

Device political power Provinces and municipalities largely reproduce the overall national model of public authority.

The head of the province is the authorized king (Royal Commissioner), which represents the center in the province. He is appointed by the Decree of the king for a period of six years (on the appointment of the Royal Commissioners to the Netherlands, many complaints are put forward by international organizations, in particular the Council of Europe, which considers such an order of non-democratic and encourages the Dutch to switch to the elective system). The Royal Commissioner is the chairman of the provincial council and the provincial government; conducts meetings of the relevant authorities; It has a number of special powers, especially when declaring emergency.

The function of the general guidelines of the provincial affairs is carried out by a provincial council, the number of deputies of which depends on the number of residents in the province. Deputies of the provinces of provinces are elected directly by citizens of the Netherlands, who constantly live in the provinces and meet the electoral qualities established for the election of the second chamber of general states. The election occurs in accordance with the system of proportional representation in the manner prescribed by the act of parliament. The term of office is four years. Provincial Council elects the provincial government from its composition (Executive Committee) for four years and controls its activities. The provincial government reflects a political representation in the provincial council. Together with the Royal Commissioner, the provincial government performs 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 burgomist is appointed by the Decree of the King for a period of six years and is a representative of the center in the municipality. Often, the municipalities burgomaster takes a dominant position due to its competence in management issues, and also because it is the only serving in the municipality working full time. He has one-sole authority in the field of maintaining a public order and is responsible for the municipal council for this, supervises public meetings. Burgomaster is the head of the local police and in cases of rebellion, serious unrest or disaster gives orders necessary to maintain a public order or limitation of danger. In some cases, burgomaster performs administrative functions: it is obliged to inform the provincial executive bodies on decisions taken municipal bodiesIf, in his opinion, they contradict the laws or public interest.

The municipal council is a representative body of the municipality. Council deputies are elected for four years by citizens of the Netherlands who constantly live in municipalities and meet the electional qualities established for the election of the second chamber of general states. The election occurs in accordance with the system of proportional representation in the manner prescribed by the act of parliament.

Burgomaster together with several advisers (Aldermen) form a collegium that is a municipal government (magistrate). Aldermen are appointed by the municipal council from among their members. The magistrate is responsible to the municipal council for his actions.

Sources of income for the provinces and municipalities are their own income (in particular, in the form of real estate taxes, fees and duties) and special payments from the state with a prescription on their targeted expenditure. In addition, the provinces and municipalities receive shared funds from the provincial and municipal fund.

Water management bodies initially responded: for the safety of water, dam; Drain of land, their protection against natural Disasters; Transport communications. The relevant authorities are not available in all provinces and municipalities, but are usually located, as a rule, by the flow of large rivers. The specifics of the functions of water management organs are predetermined by the peculiarities of their geographic location; They were formed independently of each other, and their powers are not the same. Water management authorities are established and abolished on the basis of acts of provincial councils (in recent decades, their number has been significantly reduced). The Executive Committee of the Water Management Authority consists of elected representatives of land owners and large buildings that are interested in the functioning of these bodies. The Chairman is appointed by the decree of the king on the basis of the recommendation of the Executive Committee for six years.

Water management bodies can end with the right to accept registered acts, charge taxes from owners, enjoy real estate and impose fines for water pollution. Unlike the provinces and municipalities, these bodies do not receive money From the center and function due to the financing of interested groups.

The Kingdom of the Netherlands has two overseas owners: the Netherlands Antilles and Aruba Island.

The Netherlands Antilles are located in the Caribbean, have a length of 800 square meters. km and consist of the islands: Bonaire, Curaçao, Saba, Sint-Eustatius and part of Saint-Martin Island. Aruba Island is also located in the Caribbean, in the Small Antilles Group, its territory is 193 square meters. km. Since 1986, Aruba island out from the Federation of Antille Islands and received the status of the territory of the Kingdom of the Netherlands with the rights of internal autonomy. It is noteworthy that Saint-Martin Island, referring to self-determination, in 1988 announced the need to raise the question of his future constitutional status in the kingdom, since the management system of the Netherlands Antillest Islands does not meet the interests of various islands.

According to the Charter of the Kingdom of 1954, the Netherlands Antilles and Arub Island are part of the Kingdom of the Netherlands and enjoy autonomy 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; Antilles and Aruba Island have the right to decide whether the International Kingdom Agreement is applied 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 by the inclusion of ministers representing the Netherlands Antilles and Aruba Island. Parliamentary bodies of the latter inform the Netherlands parliament about their opinions on bills concerning the whole kingdom. The Supreme Court of the Netherlands also serves as a cassation court of relevant possessions. Unlike the State Council, which includes representatives of the Antille Islands and the islands of Aruba, the judges of these overseas territories are not presented in the Supreme Court.

The kingdom and government of the Kingdom are represented in the Netherlands Antilles and Arubian governors.

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

The Constitution of the Netherlands Antille Islands of 1955 proclaimed the independence of the island territories in managing their affairs. It establishes that the Parliament of the Antille Islands represents the whole nation (there is no such nation in reality). In matters of internal management, legislative power belongs to a unicameral legislative assembly, which is elected by general elections for four years and consists of 22 members. The laws adopted by the Legislative Assembly and the Government of the Netherlands Antille Islands are subject to approval by the Governor. Executive power is carried out by the governor through the advisory board and the Council of Ministers. The Council of Ministers and the Advisory Council perform functions similar to those carried by the Council of Ministers of the Kingdom and the State Council of the Kingdom. The Netherlands Antilles Court considers cases of first instance, and also acts as a Court of Appeal; The corresponding possession has its own public prosecution service.

When leaving in 1986, a new constitution was adopted from the Federation of Netherlands Antille Islands, which was simulated on the basis of the Constitution of the Netherlands 1983. The project was prepared by the Council of Ministers of Aruba Island and received the approval of the Kingdom Government. However, in contrast to the Constitution of the Kingdom, the Arubi Constitution, when transferring fundamental rights, contains detailed articles on the rights to freedom and security, on the possession of property based on the text of the European Convention on the Protection of Human Rights and Basic Freedoms (including Protocols to it); The Constitution provides for judicial control of legislation on the subject of constitutionality. The Aruba Constitution contains chapters about the government, Parliament, Consultative Council, General Accounts Chamber, Legislation and Management, Legal System and Judicial Authority, the procedure for amending the Constitution. The structure of public administration on the island of Aruba is similar to the appropriate structure at the Dutch Antilles.

Legislative power in the Netherlands belongs to the monarch and general states. General states consist of the first and second chambers.

The first chamber of parliament consists of 75 deputies, which are elected every 4 years in indirect elections by the provinces advice. Places in the first chamber are distributed in proportion to the population of provinces and party composition in the councils. The main function of the first chamber is the control and examination of the proposed second chamber of draft laws. The first chamber cannot make amendments to bills, the deputies have the right to either approve the bill or return it to refinement. Also, deputies are entitled to submit a request to the government for any business-related issue.

The Second Chamber of General State is the main representative body of the state. Total in the second chamber 150 seats. Elections to the second chamber of general states are universal, direct, free and carried out on a proportional basis. Voting takes place in 19 districts on party lists. The right to vote have all citizens who have reached 18 years. The Second Chamber is elected for a period of 4 years.

Party or, most often, a coalition that gets most places in the second chamber is entitled to form the government. The powers of the Second Chamber of Parliament of the Netherlands are wide enough. They include 6 basic rights: the right to offer and approve the amendments to bills; legislative initiative; The right to invite the Prime Minister, Ministers or Deputy Ministers for Open Discussions to anyone interested deputies regarding the activities of the Government; the right to take the budget of the kingdom, as well as introduce taxes on the presentation of the government; the right of each deputy of the Second Chamber to personally contact the Minister or Deputy Minister; right to interpline.

If the deputy or group of deputies of the second chamber of the Netherlands Parliament is dissatisfied with the activities of the government or believe that the government does not inform the parliament about its activities, a deputy or a group of deputies may suggest that they are interested in their question for open parliamentary discussion. According to the results of the discussion, the Prime Minister or sectoral minister is sent invitation to a meeting of the Second Chamber.

The constitution provides joint meetings of two chambers. In this case, they are considered as a single organ - general states, and decisions are made by a simple majority of votes.

Also in the system of legislative power of the Kingdom of the Netherlands include the State Council. This body includes monarch, heir to the throne, Deputy Chairman, some members of the Royal Court and Advisors, appointed by the monarch on the submission of the Minister of Internal Affairs and in coordination with the Ministry of Justice. The State Council has the right to make recommendations on draft laws and other issues of state policy.

Netherlands (Notele. Nederland.), - official name Kingdom of the Netherlands (Notele. Koninkrijk der Nederlanden., constitutional parliamentary monarchy since 1814.

In the Netherlands, the presidency institute is absent. The head of state - Queen, currently - Queen Beatrix (Orange Nassau dynasty), is located on the throne from April 30, 1980. If it turns out that there are no direct heirs, the head of state can be appointed by Parliament. Such a decision is made at the united session of both chambers of parliament.

The legislative power is represented by the two-challenging parliament (general states), consisting of 225 deputies. Lower Chamber - Chamber of Representatives (150 deputies) elected by universal direct elections based on a proportional representation for a period of four years. Senate - 75 senators elected by indirect elections by deputies of 12 provincial councils for a period of four years. Legislative power is carried out jointly by the king and general states.

The Constitution of the Netherlands contains provisions on a proportional election system. The issues of education of political parties, holding the election campaign, financing campaigning activities with special legislation are not regulated, but are based on political and electoral traditions.

The Netherlands uses a proportional electoral system within 19 multi-member electoral districts without a barrier, with the use of selective quotas (applied since 1917 with minor changes). The lists of candidates who received the electoral quota are allowed to distribute deputy mandates. For example, by the results of the parliamentary elections held in 2006, the election quota was: 9.838.683 voter, who voted for party lists divided by 150, followed by the distribution of residual places based on the D'DTA method.

Extraordinary parliamentary elections in the Netherlands Queen Beatrix were scheduled for June 9, 2010. The need for the elections arose after the government coalition broke up on the basis of disagreements about the extension of the Mission of the Dutch troops in Afghanistan, the Prime Minister filed the Queen about the resignation of the government.

Every citizen of the Netherlands from 18 years old and older has the right to participate in direct elections to the second Chamber of Parliament, as well as the right to exhibit its candidacy for parliamentary elections. Parliament, "General States" consists of two chambers. The first chamber consists of 75 members elected by representatives of the provinces - members of the provincial states. The second chamber includes 150 members. All the Netherlands legislation is created by the national representation or with his participation. Parliament together with the Government forms legislative power. According to the Constitution, elections first and the second chambers are held every four years. Discussion and decision making may occur only in the case of the presence of more than half of the chamber composition at the meeting. Decisions are taken, as a rule, by a majority vote.

Primates of the People's Representative Office follows from the fact that no official court may question the constitutionality of laws, and that the executive authorities can work only under the condition of confidence from parliament. The executive power is in the hands of the government, but for its activities it is responsible to parliament. In order to lead their work, ministers must be trusted by the Parliament. After the completion of the Government's formation, the Prime Minister submits to the Second Chamber of the Government Declaration. The Chamber makes this declaration to vote. If the office receives the confidence of the chamber, he can start its activities. The ministers have a trust of parliament until the Chamber accepts a proposal to make a vote of distrust. The government, for its part, may, in the event of a conflict, dissolve the people's office and appoint new elections.

The first and second chambers have at their disposal four means of control of the executive.

The right to control the budget: the right to approve all incomes and expenses of the state according to the budget made by the Government. Every year on the day of the princes (PrinSjesdag), the government represents the Parliament the state budget for the coming year.

The right of interference (request): any member of the Chamber, which, according to the subject not included in the agenda, wants to discuss with one or another minister, must request an agreement on this from the chamber. Tax requests are rejected extremely rarely.

The right to ask questions to ministers and state secretaries. In the first chamber, questions and answers are represented in writing. The right to ask questions for members of the Second Chamber provides, along with a written form, also a full-time version, the so-called "hour of questions", which makes it possible for brief debates. The answer must be represented by the questions. The minister may refuse to provide the requested information only if it is associated with national interests.

The right to investigate (Enquete): Parliament may conduct an investigation independent of the government. He can entrust his holding a parliamentary investigation commission. This Commission is authorized to cause certain persons to testify. The turnout of the caused persons is obligatory. Indications are given under the oath.

Both chambers can make decisions in which they set out their wishes, and direct request is not required to take these solutions. The proposal may be submitted to vote if it is supported by at least five members of the Chamber. The ministers are not obliged to fulfill the proposals taken by the Parliament. However, the vote distrust obliges the Cabinet to resign.

Along with the above control facilities, the second chamber may use two additional legislation:

The right to make changes: the Chamber may make changes to the proposed bills. The relevant minister can make changes to accept or declare their unacceptability.

The right of initiative: a member of the Chamber or Group of Members of the Chamber may submit to the Chamber of Proceeds.

Members of general states possess parliamentary inviolability, which means that they cannot be prosecuted for the fact that they were told at the meetings of the Chamber or her commissions or presented in the Chamber in writing.

"Human rights", "freedom of religion", "consensus" and many other truly democratic values \u200b\u200bacquire the most concentrated significance in the Netherlands. Development of democracy in the Netherlands has always been poleshamned by Europe. Back in 1848, a revolutionary act was performed - according to the new Constitution, the executive power of the monarch was largely delegated to the Cabinet of Ministers, the legislative powers were transferred to the two-challenged parliament and before earlier - in 1815. The Netherlands became the first constitutional monarchy, who abandoned absolutism. Villem II, squeezing on the throne in early XIX. century, he taught the lesson of self-denial of power for the benefit of his people. The lesson was learned in further monarchs and parliamentarians.

King of the Netherlands Villem-Alexander

April 30, 2013, on the next Queen's day, Queen Beatrix officially handed over the Tron to Willle Alexander, his son. Up to this, more than 123 years since 1890 (for three dynasties), the Royal Throne of the Netherlands continuously belonged only to women. At the moment, Villem-Alexander is the youngest among crowded in Europe. The Dutch was sufficiently friendly perceived the appearance of a new ruler. The power of the monarch in the Netherlands is the nominal, the king executes predominantly executive functions. The heiress of the Dutch throne is the first daughter of King Willema-Alexander - Princess Catharina-Amalia.

The powers of the King of the Netherlands include:

The appointment of the head of parliament (they are becoming a party leader who won the majority of votes in elections);
. The proclamation of the throne speech determining the vector of the development of the political life of Holland in the coming years;
. approval of bills;
. consultations with prime minister and other high-ranking individuals on economics and culture;
. Executive functions on the world arena.

Parliament, Cabinet Ministers and Prime Minister

Legislative power in the Netherlands belongs to general states (two-challenging parliament) and to a much lesser extent - the Government. The first or upper Chamber of Parliament consists of 75 deputies and is elected on the basis of a proportional representation by provincial parliaments for a period of six years.

The second chamber, numbering 150 deputies, is elected direct voting for a period of four years. The second chamber is more significant, it is in its powers that the statements are approved and amending the Constitution. The first chamber ratifies the bills adopted by the Second Chamber. Any bill must be approved by both chambers, after which it is approved by the Queen.

The Executive Power of the Netherlands is in the conduct of the Cabinet of Ministers. The Prime Minister forms a government based on a parliamentary majority. Almost no party had most votes in parliament, for this reason the government is formed on the basis of coalition agreements.

Prime Minister coordinates the work of the government, is responsible for defensiveness, executes executive functions. The government of the Netherlands consists of 16 ministers controlling the execution of draft laws and the activities of municipal and provincial authorities. The current Prime Minister of the Netherlands is the leader of the Liberal People's Party for freedom and democracy - Mark Rutte.

The Supreme Boards of the Netherlands includes the State Council, Counting Chamber and National Ombudsman (controlling the interaction of the authorities and citizens of the state).

Party diversity

The diversity of the views of the Netherlands is represented by many political parties. The low electoral barrier allows many parties to get places in parliament. The main parties of the Netherlands is Christian-Democratic Call, Labor Party, Socialist Party, Party for Freedom and Democracy. A distinctive feature of the party system of the Netherlands is a high level of consensus.

Democracy in Dutch secured citizens of the country of tulips and mills highest level Life. The Netherlands are the liberal democratic flagship of the European Union.