Artikel 35: incapacitation of the exercise of royal authority

Artikel 35
  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.
  3. As soon as the King regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session. The King shall resume the exercise of the royal prerogative as soon as the Act has been made public.
  4. If it has been resolved that the King is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament. The two Houses of the States General shall consider and decide upon the matter in joint session.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

A King may no longer be able to exercise royal authority. Examples include physical or mental infirmities, or if the King is located somewhere where royal authority cannot be exercised. The Council of Ministers can then initiate the procedure for declaring the King incapacitated:

  • the Council of Ministers requests advice from the Council of State
  • the Council of Ministers notifies the States General and encloses the advice of the Council of State
  • the States General convene in a joint session
  • and subsequently declare, provided they agree with the Council of Ministers, that the King is incapable of exercising royal authority.

A Regent exercises royal authority. This is regulated in Article 37.

If the King is once again capable of exercising royal authority, this must be declared in a law that is considered in a joint session. The right of initiative applies, so the States General can restore royal authority to the King without the Council of Ministers' involvement. The King may also take the initiative himself to temporarily relinquish royal authority. This is regulated in Article 36.