|
Name
of the institution : Council of State
President :
Mr. H.D. Tjeenk WILLINK
Address
:
Kneuterdyk
Conseil d'État des Pays-Bas
Postbox 20019
2500 EA 'S GRAVENHAGE - LA HAYE
PAYS-BAS
Phone
number :
(31) 70.42.64.426 (Court)
(31) 70.34.64.247 (Presidence)
(311) 70.42.64.222
Fax
:
(31) 70.365.13.80
(31) 70.35.63.217
Email
:
Kabinet.vp@raadvanstate.nl
|
 |
Composition
and structure :
Number of
members :
The composition of the Council of State is as follows :
President : Her Royal Highness, the Queen ; certain members of the
royal family (two at the present time) ; a Vice-President ; the
members, councillors of State (28 maximum, 25 nowadays), including
the President of the section of administrative disputes ; councillors
in extraordinary service (25 maximum, 16 nowadays).
Recruitment
procedures and incompatibilities :
The Vice-president, the councillors and the councillors in extraordinary
service are appointed for life by the Queen upon a proposal of the
minister of interior and after consultation of the minister of justice.
The Council is consulted for the nomination of the Vice-president
; it gives an advisory opinion for the nomination of the ordinary
and extraordinary councillors.
The possession of knowledges and experiences in matters of legislation,
administration and adjudication is a major criteria for the selection
of the members of the Council of State. The variety of the social
and political currents of the dutch society is also taken into account.
The councillors are chosen amongst those who have proven their skills
in matters of politics, science, justice and administration.
The functions of Vice-president and councillor are incompatible
with any public remunerative function, with the quality of elected
member of a public body or with the activities of barrister, auditor,
tax consultant or business man.
Internal
organization :
The administration of the Council is directed by the secretary and
its staff. The Council is subdivided into three functional departments
: legislation, administrative adjudication and two corresponding
offices.
Publications
:
Annual report.
back
to top
Court
functions :
Jurisdiction
:
The section of admininstrative adjudication hears all disputes submitted
to the Council according to the law, in matters of claims against
decisions of public authorities.
Organization
of the courts system :
The sections decide in last instance, and sometimes in first and
last instance.
Powers of
the judge :
The section either rejects the demand of annulment either rescind,
totally or partially, the impugned decision. In that case, the administration
has to take a new decision with regard to the ruling of the Council.
back
to top
Advisory
functions
Existence
and extent of the advisory authority
The consultation of the Council is obligatory in the following
cases :
- all the bills, wether they be proposed by
the head of state or by the parliament ;
- all the drafts of by-laws (e.g. the royal
decrees implementing a law) ;
- international treaties before being sent
to the parliament for approbation ;
- certans texts, for which the consultation
of the Council is requested by a special text ;
- drafts of decrees of annulment which will
be issued by the Queen according to a law. |
|
Facultative consultation of the Council on the demand of
the Queen, the ministers or the secretaries of state.
|
Authority
and publicity of the advisory opinions :
The government is not bound by the advisory opinions of the Council.
Its advices on the bills and international treaties are transmitted
to the members of parliament. The advices on the drafts of decrees
are published in the monthly supplement to the Official Bulletin.
back
to top
|
