Constitution of the Kingdom of the Netherlands
Chapter 6 The administration of justice
Article 112 Responsibility of the judiciary
- 1. The adjudication of disputes involving
rights under civil law and debts shall be the responsibility of the judiciary.
- 2. Responsibility for the adjudication of
disputes which do not arise from matters of civil law may be granted by
Act of Parliament either to the judiciary or to courts that do not form
part of the judiciary. The method of dealing with such cases and the consequences
of decisions shall be regulated by Act of Parliament.
Article 113 Trial of offences, disciplinary proceedings and martial law
- 1. The trial of offences shall also be the
responsibility of the judiciary.
- 2. Disciplinary proceedings established by
government bodies shall be regulated by Act of Parliament.
- 3. A sentence entailing deprivation of liberty
may be imposed only by the judiciary.
- 4. Different rules may be established by
Act of Parliament for the trial of cases outside the Netherlands and for
Article 114 No capital punishment
Capital punishment may not be imposed.
Article 115 Appeal to a higher administrative authority
Appeal to a higher administrative authority shall be admissible in the
case of the disputes referred to in Article 112, paragraph 2.
Article 116 Organisation, composition and powers of the judiciary
- 1. The courts which form part of the judiciary
shall be specified by Act of Parliament.
- 2. The organisation, composition and powers
of the judiciary shall be regulated by Act of Parliament.
- 3. In cases provided for by Act of Parliament,
persons who are not members of the judiciary may take part with members
of the judiciary in the administration of justice.
- 4. The supervision by members of the judiciary
responsible for the administration of justice of the manner in which such
members and the persons referred to in the previous paragraph fulfil their
duties shall be regulated by Act of Parliament.
Article 117 Appointment, suspension and dismissal of judges
- 1. Members of the judiciary responsible for
the administration of justice and the Procurator General at the Supreme
Court shall be appointed for life by Royal Decree.
- 2. Such persons shall cease to hold office
on resignation or on attaining an age to be determined by Act of Parliament.
- 3. In cases laid down by Act of Parliament
such persons may be suspended or dismissed by a court that is part of
the judiciary and designated by Act of Parliament.
- 4. Their legal status shall in other respects
be regulated by Act of Parliament.
Article 118 Members of the Supreme Court
- 1. The members of the Supreme Court of the
Netherlands shall be appointed from a list of three persons drawn up by
the Lower House of the States General.
- 2. In the cases and within the limits laid
down by Act of Parliament, the Supreme Court shall be responsible for
annulling court judgments which infringe the law (cassation).
- 3. Additional duties may be assigned to the
Supreme Court by Act of Parliament.
Article 119 Offences committed by Ministers and members of Parliament
while in office
Present and former members of the States General, Ministers and State
Secretaries shall be tried by the Supreme Court for offences committed
while in office. Proceedings shall be instituted by Royal Decree or by
a resolution of the Lower House.
Article 120 The courts may not examine if a statutory provision is in
conformity with the Constitution
The constitutionality of Acts of Parliament and Treaties shall not be
reviewed by the courts.
Article 121 Trials are accessible for the public and duty to substantiate
Except in cases laid down by Act of Parliament, trials shall be held in
public and judgments shall specify the grounds on which they are based.
Judgments shall be pronounced in public.
Article 122 Pardons
- 1. Pardons shall be granted by Royal Decree
upon the recommendation of a court designated by Act of Parliament and
with due regard to regulations to be laid down by or pursuant to Act of
- 2. Amnesty shall be granted by or pursuant
to Act of Parliament.