Section 2: Miscellaneous provisions
Inhoud
90: International legal order
The Government shall promote the development of the international legal order.
91: Approval of treaties
- The Kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the States General. The cases in which approval is not required shall be specified by Act of Parliament.
- The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
- Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Houses of the States General only if at least two-thirds of the votes cast are in favour.
92: Powers of international organizations
Legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of Article 91 paragraph 3.
93: Legal force of international treaties
Provisions of treaties and of resolutions by international institutions which may be binding on all persons by virtue of their contents shall become binding after they have been published.
94: Precedence of the international legal order over national law
Statutory regulations in force within the Kingdom shall not be applicable if such application is in conflict with provisions of treaties or of resolutions by international institutions that are binding on all persons.
95: Publication of treaties
Rules regarding the publication of treaties and decisions by international institutions shall be laid down by Act of Parliament.
96: Declaration of war
- A declaration that the Kingdom is in a state of war shall not be made without the prior approval of the States General.
- Such approval shall not be required in cases where consultation with Parliament proves to be impossible as a consequence of the actual existence of a state of war.
- The two Houses of the States General shall consider and decide upon the matter in joint session.
- The provisions of the first and third paragraphs shall apply mutatis mutandis to a declaration that a state of war has ceased.
97: Armed Forces
- There shall be armed forces for the defence and protection of the interests of the Kingdom, and in order to maintain and promote the international legal order.
- The Government shall have supreme authority over the armed forces.
98: Composition of the armed forces; military service
- The armed forces shall consist of volunteers and may also include conscripts.
- Compulsory military service and the power to defer the call-up to active service shall be regulated by Act of Parliament.
99: Exemption from military service due to serious conscientious objections
Exemption from military service because of serious conscientious objections shall be regulated by Act of Parliament.
99a: Civil defense
Duties may be assigned for the purpose of civil defence in accordance with rules laid down by Act of Parliament.
100: Maintenance or promotion of the international legal order
- The Government shall inform the States General in advance if the armed forces are to be deployed or made available to maintain or promote the international legal order. This shall include the provision of humanitarian aid in the event of armed conflict.
- The provisions of paragraph 1 shall not apply if compelling reasons exist to prevent the provision of information in advance. In this event, information shall be supplied as soon as possible.
103: States of emergency; emergency laws; criminal law of war
- The cases in which a state of emergency, as defined by Act of Parliament, may be declared by Royal Decree in order to maintain internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.
- Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities, public bodies as referred to in Article 132a and water authorities (waterschappen), the basic rights laid down in Article 6, insofar as the exercise of the right contained in this Article other than in buildings and enclosed places is concerned, Articles 7, 8, 9 and 12, paragraphs 2 and 3, Article 13 and Article 113, paragraphs 1 and 3.
- Immediately after the declaration of a state of emergency and whenever it considers it necessary, until such time as the state of emergency is terminated by Royal Decree, the States General shall decide the duration of the state of emergency. The two Houses of the States General shall consider and decide upon the matter in joint session.
104: Taxes
Taxes imposed by the State shall be levied pursuant to Act of Parliament. Other levies imposed by the State shall be regulated by Act of Parliament.
105: Budget; budgetary authority; accounting; comptability
- The estimates of the States revenues and expenditures shall be laid down by Act of Parliament.
- Bills containing general estimates shall be presented by or on behalf of the King every year on the date specified in Article 65.
- A statement of the States revenues and expenditures shall be presented to the States General in accordance with the provisions of the relevant Act of Parliament. The balance sheet approved by the Court of Audit shall be presented to the States General.
- Rules relating to the management of the States finances shall be prescribed by Act of Parliament.
106: Monetary system
The monetary system shall be regulated by Act of Parliament.
107: Codification; administrative law
- Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of Parliament.
- The general rules of administrative law shall be laid down by Act of Parliament.
109: Civil service law
The legal status of public servants shall be regulated by Act of Parliament. Rules regarding employment protection and co-determination for public servants shall also be laid dowm
by Act of Parliament.
110: Transparency in government
In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of
Parliament.
111: Orders of Chivalry
Honours shall be established by Act of Parliament.