Netherlands | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

No specific provisions

2. Provisions concerning International Treaties

Art. 90 The Government shall promote the development of the international legal order.

Art. 91 1. The Kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the States General. The cases in which approval is not required shall be specified by Act of Parliament.

2. The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.

3. Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Houses of the States General only if at least two-thirds of the votes cast are in favour.

Art. 92 Legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of Article 91 paragraph 3.

Art. 93 Provisions of treaties and of resolutions by international institutions which may be binding on all persons by virtue of their contents shall become binding after they have been published.

Art. 94 Statutory regulations in force within the Kingdom shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons or of resolutions by international institutions.

Art. 95 Rules regarding the publication of treaties and decisions by international institutions shall be laid down by Act of Parliament.

Art. 97 1. There shall be armed forces for the defence and protection of the interests of the Kingdom, and in order to maintain and promote the international legal order.

2. The Government shall have supreme authority over the armed forces.

3. Provisions concerning constitutional reform

Art. 137 1. An Act of Parliament shall be passed stating that an amendment to the Constitution in the form proposed shall be considered.

2. The Lower House may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise.

3. The Lower House shall be dissolved after the Bill referred to in the first paragraph has been published.

4. After the new Lower House has assembled, the two Houses of the States General shall consider, at second reading, the Bill referred to in the first paragraph. The Bill shall be passed only if at least two thirds of the votes cast are in favour.

5. The Lower House may divide a Bill for the amendment of the Constitution into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise, if at least two-thirds of the votes cast are in favour.

Art. 138 1. Before Bills to amend the Constitution which have been given a second reading have been ratified by the King, provisions may be introduced by Act of Parliament whereby:
- the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
- the division into chapters, sections and articles and the headings and numbering thereof are modified.

2. ABill containing provisions as referred to under paragraph 1(a) shall be passed by the two Houses only if at least two-thirds of the votes cast are in favour.

Art. 139 Amendments to the Constitution passed by the States General and ratified by the King shall enter into force immediately after they have been published.

Art. 140 Existing Acts of Parliament and other regulations and decrees which are in conflict with an amendment to the Constitution shall remain in force until provisions are made in accordance with the Constitution.

Art. 141 The text of the revised Constitution shall be published by Royal Decree in which the chapters, sections and articles may be renumbered and references to them altered accordingly.

Art. 142 The Constitution may be brought into line with the Charter for the Kingdom of the Netherlands by Act of Parliament. Articles 139, 140 and 141 shall apply mutatis mutandis.

4. Provisions concerning referendums

No specific provisions