The Constitution of the Kingdom of the Netherlands

Chapter 2 Government

§ 1. The King

Article 24 Throne
The title to the Throne shall be hereditary and shall vest in the legitimate descendants of King William I, Prince of Orange-Nassau.

Article 25 Hereditary succession
On the death of the King, the title to the Throne shall pass by hereditary succession to the King’s legitimate descendants in order of seniority, the same rule governing succession by the issue of descendants who predecease the King. If the King has no descendants, the title to the Throne shall pass in the same way to the legitimate descendants of the King’s parent and then of his grandparent who are in the line of succession but are not further removed from the deceased King than the third degree of consanguinity.

Article 26 Child of a woman pregnant
For the purposes of hereditary succession, the child of a woman pregnant at the moment of the death of the King shall be deemed already born. If it is stillborn it shall be deemed to have never existed.

Article 27 Abdication
Hereditary succession to the Throne in the event of abdication shall take place according to the rules set out in the above articles. Children born after an abdication and their descendants shall be excluded from the hereditary succession.

Article 28 Marriage without the consent of Parliament
- 1. The King shall be deemed to have abdicated if he contracts a marriage without having obtained consent by Act of Parliament.
- 2. Anyone in line of succession to the Throne who contracts such a marriage shall be excluded from the hereditary succession, together with any children born of the marriage and their issue.
- 3. The two Houses of the States General (Parliament) shall meet to consider and decide upon a Bill for granting such consent in joint session.

Article 29 Exclusion from hereditary succession
- 1. One or more persons may be excluded from the hereditary succession by Act of Parliament if exceptional circumstances necessitate.
- 2. The Bill for this purpose shall be presented by or on behalf of the King. The two Houses of the States General shall consider and decide upon the matter in joint session. Such a Bill shall be passed only if at least twothirds of the votes cast are in favour.

Article 30 Successor to the Throne is absent (appointment of a King by Parliament)
- 1. A successor to the Throne may be appointed by Act of Parliament if it appears that there will otherwise be no successor. The Bill shall be presented by or on behalf of the King, upon which the Houses shall be dissolved. The newly convened Houses shall discuss and decide upon the matter in joint session. Such a Bill shall be passed only if at least two-thirds of the votes cast are in favour.
- 2. The Houses shall be dissolved if there is no successor on the death or abdication of the King. The newly convened Houses shall meet in joint session within four months of the decease or abdication in order to decide on the appointment of a King. They may appoint a successor only if at least two-thirds of the votes cast are in favour.

Article 31 Descendents of an appointed King
- 1. An appointed King may be succeeded only by his legitimate descendants by virtue of hereditary succession.
- 2. The provisions on hereditary succession and the first paragraph of this article shall apply mutatis mutandis to an appointed successor who has not yet become King.

Article 32 Inauguration
Upon assuming the royal prerogative the King shall be sworn in and inaugurated as soon as possible in the capital city, Amsterdam, at a public and joint session of the two Houses of the States General. The King shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties. Specific rules shall be laid down by Act of Parliament.

Article 33 King under age
The King shall not exercise the royal prerogative before attaining the age of eighteen.

Article 34 Parental responsibility for and guardianship of a King under age
Parental responsibility for and guardianship of a King who is a minor, and the supervision thereof, shall be regulated by Act of Parliament. The two Houses of the States General shall meet in joint session to consider and decide upon the matter.

Article 35 Inability to exercise the royal prerogative
- 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.

Article 36 Temporarily abandonment of the exercise of the royal prerogative
The King may temporarily relinquish the exercise of the royal prerogative and resume the exercise thereof pursuant to Act of Parliament. The relevant Bill shall be presented by or on behalf of the King. The two Houses of the States General shall consider and decide upon the matter in joint session.

Article 37 Exercise of the royal prerogative by a Regent
- 1. The royal prerogative shall be exercised by a Regent:
a. until the King has attained the age of eighteen;
b. if the title to the Throne may vest in an unborn child;
c. if it has been resolved that the King is unable to exercise the royal prerogative;
d. if the King has temporarily relinquished the exercise of the royal prerogative;
e. in the absence of a successor following the death or abdication of the King.
- 2. The Regent shall be appointed by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.
- 3. In the cases specified in paragraph 1 (c) and (d) above, the descendant of the King who is the heir presumptive shall become Regent by right if he has attained the age of eighteen.
- 4. The Regent shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties before the two Houses of Parliament meeting in joint session. Rules regarding the office of Regent shall be made by Act of Parliament, which may contain provisions for succession and replacement. The two Houses of the States General shall consider and decide upon the matter in joint session.
- 5. Articles 35 and 36 shall apply mutatis mutandis to the Regent.

Article 38 Provisional exercise of the royal prerogative by the Council of State
The royal prerogative shall be exercised by the Council of State until such time as alternative provision is made for the exercise of such power.

Article 39 Membership of the Royal House
Membership of the Royal House shall be regulated by Act of Parliament.

Article 40 Payments to members of the Royal House
- 1. The King shall receive annual payments from the State according to rules to be laid down by Act of Parliament. The Act shall also specify which other members of the Royal House shall receive payments from the State and shall regulate the payments themselves.
- 2. The payments received by them from the State, together with such assets as are of assistance to them in the exercise of their duties, shall be exempt from personal taxation. In addition anything received by the King or his heir presumptive from a member of the Royal House by inheritance or as a gift shall be exempt from inheritance tax, transfer tax or gifts tax. Additional exemption from taxation may be granted by Act of Parliament.
- 3. Bills containing legislation as referred to in the previous paragraphs may be passed by the States General only if at least two-thirds of the votes cast are in favour.

Article 41 Household of the King
The King shall organise his Household, taking due account of the public interest.

§ 2. The King and the Ministers

Article 42 Government
- 1. The Government shall comprise the King and the Ministers.
- 2. The Ministers, and not the King, shall be responsible for acts of government.

Article 43 Appointment of the Prime Minister and ministers
The Prime Minister and the other Ministers shall be appointed and dismissed by Royal Decree.

Article 44 Ministries
- 1. Ministries shall be established by Royal Decree. They shall be headed by a Minister.
- 2. Non-departmental Ministers may also be appointed.

Article 45 Cabinet
- 1. The Ministers shall together constitute the Cabinet.
- 2. The Prime Minister shall chair the Cabinet.
- 3. The Cabinet shall consider and decide upon overall government policy and shall promote the coherence thereof.

Article 46 State Secretaries
- 1. State Secretaries may be appointed and dismissed by Royal Decree.
- 2. A State Secretary shall act with ministerial authority in place of the Minister in cases in which the Minister considers it necessary; the State Secretary shall observe the Minister’s instructions in such cases. Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister.

Article 47 Signing of Acts of Parliament and Royal Decrees
All Acts of Parliament and Royal Decrees shall be signed by the King and by one or more Ministers or State Secretaries.

Article 48 Signing of the Royal Decree in which the Prime Minister is appointed
The Royal Decree appointing the Prime Minister shall be countersigned by the latter. Royal Decrees appointing or dismissing Ministers and State Secretaries shall be countersigned by the Prime Minister.

Article 49 Oath or affirmation
Upon accepting office Ministers and State Secretaries shall swear an oath or make an affirmation and promise in the presence of the King, in the manner prescribed by Act of Parliament, that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.