2. |
Kingdom of The Netherlands
Constitutional Monarchy
- King Head of State
- Constitution
- Kingdom:
• The Netherlands, including municipalities of
Bonaire, St Eustatius and Saba on Netherlands
Antilles
• Countries: Aruba, Curacao and St Maarten on
Netherlands Antilles
3. |
Role of King Willem-Alexander
- Head of State
- Signs laws with the responsible minister (ceremonial
function)
4. |
Basis of Dutch Democracy
TRIAS POLITICA (absolute separation of
powers
- Government governs
- Parliament verifies
- Judges are independent
5. |
Representative Democracy
- Dutch vote for the parliament, the
provincial council, the municipal council
and the European Parliament
- Each party gets the number of seats that
corresponds to its share of the votes
received
6. |
Major Dutch Political Parties
Name Seats in House of
Representatives
Liberal Party 41 -----------------------
Labour Party 38 -----------------------
Party for Freedom 15
Socialist Party 15
Christian Democrats 13
Liberal Democrats 12
Small parties (5) 16
7. |
Dutch public law
- National government, provinces
and municipalities all have
their own responsibilities and
sphere of influence
- Pressure groups can oppose by
legal action, lobbying and media attention
8. |
Decentralised unitary state
3 major principles:
- Autonomy: municipalities have their own
regulations
- Shared governance: national regulations
give opportunity to implement specific
measures at the local level
- Unity of policy: local authorities can’t
oppose national policy
9. |
Government system
4 tiers + 1:
- Central government
- Provincial government
- Waterboards
- Municipalities
- + European Union
10. |
Government system
Three branches of government:
- Legislative: Second (150) and First Chamber (75)
(House of Representatives and Senate)
- Executive: Cabinet of ministers and Prime Minister (11
Ministries)
- Judicial: Supreme Court appointed by the Crown,
Divisionary Courts
- State institutions
- Council of State
- National Court of Audit
- National Ombudsman
12. |
Political responsibility
- A minister is responsible for the formulation
and implementation of public policy
- Which refers to the actions and measures of
his department and its executing authorities
- But not to the actions of autonomous
administrative authorities (for example Employee
Insurance Agency, Agency for Asylum Seekers)
13. |
12 Dutch provinces
Legislative
- Elected representatives at the Provincial State
- Every four years elections
- Provincial States elect the Senate
Executive
- King´s Commissioner (appointed by the Crown)
- Deputies (selected by the coalition)
15. |
Dutch provinces
Main Tasks
- Responsible for regional development, environment
and public transport (tenders)
- Overseeing policy and finances of municipalities and
waterboards
Finances
- They can impose taxes (limited)
- Their revenues come from national government and
EU funds, but not from municipalities
16. |
Threats to Dutch provinces
- Less democratic legitimacy: provincial
elections attract less voters (no social economic
issues)
- Undermining of power position: the rise of
city regions (cooperation between municipalities,
for example Rotterdam-The Hague)
17. |
Dutch municipalities
Legislative
- Elected representatives
- Every four years elections
Executive
- Mayor (appointed by the Crown)
- Alderman (selected by the coalition)
1-12-
2016
19. |
Dutch municipalities: finances
- The total budget of all Dutch municipalities:
approx. 50 billion EURO
- For 80-85% financed by national government
- For the execution of tasks resulting from
national policy, municipalities are mostly
compensated by contributions from national
funds:
• Ear-marked funds
• General grant
20. |
Dutch municipalities: finances
- Ear-marked funds, these funds cannot be reallocated:
social services, primary education and urban
regeneration
- General grant, the municipal council is free to decide
on its precise allocation. To ensure equal level of
services with an equal level of local taxes/charges for
all municipalities.
- Local taxes: property, dog ownership, tourists, land,
administrative fees and charges
- Various: municipal property, European subsidies
22. |
Comparison major cities and ministries
Amount of employees:
- Municipality of Amsterdam: 13,000
- Municipality of Rotterdam: 13,000
- Ministry of the Interior: 7,000
- Ministry of Justice: 30,000
- Ministry of Finance: 1,640 (without TO)
- Tax Office: 32,000
23. |
Checks and balances on four levels
- European law stands above Dutch law
- Central Dutch government can suspend
decisions by a municipality
- Local plans, which regulate how the land in
each particular area may be used and what
may be built there, must be consistent with
provincial structure plans
- A municipality’s budget must be approved by
the provincial authorities
24. |
Relations between the 3 tiers
- No hierarchy between the 3
levels of government
- Hierarchy in laws (central laws
precede over provincial and local edicts)
- Principle of decentralisation of tasks to local level
unless impossible
- Limited taxes at local level, most of funds received
through general funding by central government
25. |
Relations between the 3 tiers
In practice:
- Distrust at central level in execution
- General funding accounts for 80-85% of
budget for municipalities
- Decentralisation of tasks, yes. But with
extensive accounting and checks from central
government
- Code for interadministrative relations
Notas del editor
European law is confined to three topics such as:
Open market, environment and migration
Common foreign and security policy
Corporation of police forces and the judicial branche