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Section 1: Structure and composition

Inhoud

50: Representative body

The States General shall represent the entire people of the Netherlands.

51: Bicameral system

  1. The States General shall consist of a Lower House (Tweede Kamer) and an Upper House (Eerste Kamer).
  2. The Lower House shall consist of one hundred and fifty members.
  3. The Upper House shall consist of seventy-five members.
  4. The two Houses shall be deemed a single entity when they meet in joint session.

52: Term of office of the First and Second Chambers

  1. The duration of both Houses shall be four years.
  2. The duration of the Upper House shall be amended accordingly if the duration of the provincial councils (provinciale staten) is altered by Act of Parliament to a term other than four years.

53: Proportional representation; secret ballot

  1. The members of both Houses shall be elected by proportional representation within the limits to be laid down by Act of Parliament.
  2. Elections shall be by secret ballot.

54: Election to the House of Representatives; exclusion from voting rights

  1. The members of the Lower House shall be elected directly by Dutch nationals who have attained the age of eighteen, with the exception of any Dutch nationals who may be excluded by Act of Parliament by virtue of the fact that they are not resident in the Netherlands.
  2. Anyone who has committed an offence designated by Act of Parliament and has been sentenced as a result by a final and conclusive judgment of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting shall not be entitled to vote.

55: Senate Election

  1. The members of the Upper House shall be chosen by the members of the provincial councils and the members of the electoral colleges as referred to in paragraph 2 and in Article 132a, paragraph 3. The election shall take place not more than three months after the election of the members of the provincial councils except in the event of the dissolution of the House.
  2. For Dutch nationals who are not resident in the Netherlands and who satisfy the requirements laid down for elections to the Lower House of the States General, elections shall be held for an electoral college for the Upper House. The members of this electoral college shall be directly elected by these Dutch nationals. The same conditions apply to membership. Article 129, paragraphs 2 to 6 shall apply mutatis mutandis.’

56: Requirements for membership of the States General

To be eligible for membership of the States General, a person must be a Dutch national, must have attained the age of eighteen years and must not have been disqualified from voting.

57: Incompatibilities of Members of Parliament

  1. No one may be a member of both Houses.
  2. A member of the States General may not be a Minister, State Secretary, member of the Council of State, member of the Court of Audit (Algemene Rekenkamer), National Ombudsman or Deputy Ombudsman, memberof the Supreme Court, or Procurator General or Advocate General at the Supreme Court.
  3. Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine the said office with membership of the States General until such time as a decision is taken on such resignation.
  4. Other public functions which may not be held simultaneously by a person who is a member of the States General or of one of the Houses may be designated by Act of Parliament.

57a: Temporary replacement of a member of the States General due to pregnancy, childbirth, and illness

The temporary replacement of a member of the States General during pregnancy and maternity leave or during illness shall be regulated by Act of Parliament.

58: Credentials

Each House shall examine the credentials of its newly appointed members and shall decide with due reference to rules to be established by Act of Parliament any disputes arising in connection with the credentials or the election.

59: Statutory regulation of the right to vote, elections

All other matters pertaining to the right to vote and to elections shall be regulated by Act of Parliament.

60: Inauguration of Members of Parliament

Upon accepting office members of the Houses shall swear an oath or make an affirmation and promise before the House 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.

61: Speakership of the Houses, civil servants

  1. Each House shall appoint a Speaker from among its members.
  2. Each House shall appoint a Clerk who, like the other officials of the two Houses, may not be a member of the States General.

62: Chairmanship of the joint meeting

The Speaker of the Upper House shall preside when the two Houses meet in joint session.

63: Financial provisions for members of parliament

Financial remuneration for members and former members of the States General and their dependants shall be regulated by Act of Parliament. The Houses may pass a Bill on the matter only if at least two-thirds of the votes cast are in favour.

64: dissolution of chambers

  1. Each of the Houses may be dissolved by Royal Decree.
  2. A decree for dissolution shall also require new elections to be held for the House which has been dissolved and the newly elected House to meet within three months.
  3. The dissolution shall take effect on the day on which the newly elected House meets.
  4. The duration of a Lower House that meets following a dissolution shall be determined by Act of Parliament; the term may not exceed five years. The duration of an Upper House that meets following a dissolution shall end at the time at which the duration of the dissolved House would have ended.