| Council of State | |
|---|---|
| Raad van State | |
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 Interactive map of Council of State | |
| 52°04′53″N4°18′32″E / 52.081482°N 4.308911°E /52.081482; 4.308911 | |
| Established | 1 October 1531 |
| Jurisdiction | Kingdom of the Netherlands |
| Location | The Hague,Netherlands |
| Coordinates | 52°04′53″N4°18′32″E / 52.081482°N 4.308911°E /52.081482; 4.308911 |
| Authorised by | Constitution |
| Website | https://www.raadvanstate.nl |
| President | |
| Currently | King Willem-Alexander |
| Since | 30 April 2013 |
| Vice President | |
| Currently | Thom de Graaf |
| Since | 1 November 2018 |
TheCouncil of State (Dutch:Raad van Stateⓘ) is aconstitutionally established advisory body in theNetherlands to thegovernment andStates General that officially consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic or military experience. It was founded in 1531, making it one of the world's oldest still-functioning state organisations.[1]
The Advisory Division of the Council of State must be consulted by the cabinet on proposed legislation before alaw is submitted to parliament. The Administrative Jurisdiction Division of the Council of State also serves as one of the four highest courts of appeal in administrative matters. TheKing is president of the Council of State but he seldom chairs meetings. TheVice-President of the Council of State chairs meetings in his absence and is thede facto major personality of the institution. Under Dutch constitutional law, the Vice-President of the Council is acting head of state when there is no monarch such as if the royal family were to become extinct.
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Charles V, Holy Roman Emperor, founded a Council of State on 1 October 1531 as one of threeCollateral Councils (the other two were thePrivy Council orSecret Council and theCouncil of Finances) to advise his sisterMary of Hungary, his regent in theHabsburg Netherlands, and her successors, on "the great and principal affairs and those which concern the state, conduct and government of the lands, security and defense of the said lands here".[2] Members of the council were the great nobles of the realm and a few of the great prelates.[3]
After the accession ofPhilip II of Spain to the throne and his departure to Spain in 1559 the Council became the forum for the strife between the Spanish representatives in the Council, led byAntoine Perrenot de Granvelle, and the Netherlandish grandees likethe Prince of Orange and the Counts ofHorne andEgmont. The latter faction felt themselves pushed aside and resigned in 1567, leaving the field to a Spanish-dominated Council at the start of theDutch Revolt.[4] After the death ofLuis de Requesens y Zúñiga, then governor-general of the Habsburg Netherlands, in 1576, the Council of State temporarily assumed his authority as representative of king Philip, awaiting the arrival of the new governor-general,Don Juan. Before he could arrive, the members of the Council were arrested in a coup by theBrussels garrison. Soon afterwards thePacification of Ghent was concluded, pitting theStates-General of the Netherlands against the Spanish crown, represented by Don Juan. When the latter retreated toNamur in early 1577, the Council of State split into two rumps, one joining Don Juan (and forming the nucleus of what would become the Council of State of theSpanish Netherlands and later theAustrian Netherlands), the other remaining close to the rebellious States-General. These members were discharged by King Philip in 1578, formally ending the Council as a Habsburg institution in what was to become theDutch Republic.[5]
When theDuke of Anjou came to be temporarily recognized as the new sovereign of the rebellious provinces in 1581, a new Council of State was appointed to advise him and to perform certain executive duties, pertaining to defense and finances. This Council soon split in two regional councils, one for the area West of the riverMeuse, the other for the area East of that river. The first, residing inAntwerp where the States-General also convened, played the main role up to the departure of the Duke.[6] After his departure the (again unified) Council followed the States-General toMiddelburg,Delft, andThe Hague.
After the assassination of the Prince of Orange in 1584 the Council was given new executive powers and temporarily assumed full executive authority in the place of the Prince.[7] The States-General meanwhile took the lead in the search for another protecting sovereign. This resulted in theTreaty of Nonsuch of 1585 withElizabeth I of England that explicitly assumed a leading role of the Council in the evolving constitution of the provinces of theUnion of Utrecht. Article XIV of the treaty authorised Elizabeth to appoint two English representatives on the Council, besides the Governor-General, who would preside the council.
The next articles gave far-reaching authority to the Governor-General, acting with the council, in matters of defense, finance and government. For instance, theStadtholders of the provinces would henceforth be appointed by the Governor-General and the Council (art. XXIV), though theStates of Holland and West Friesland preempted this by appointingMaurice, Prince of Orange stadtholder beforethe Earl of Leicester, who would accept the Governor-Generalship, conferred on him by the States-General against the wish of Elizabeth, arrived in the Netherlands.[8] This was the first instance of the way the mighty province of Holland frustrated the policies of Leicester. His attempt to found a new Council of Finances (the old one had been dissolved in 1580), which was supposed to take a number of the financial powers of the Council of State, was quietly thwarted.
On the instigation of theLand's Advocate of Holland,Johan van Oldenbarnevelt, who was a member of the Council, more and more executive tasks of the Council were taken over by the States-General, to dilute English influence on the Dutch affairs of state. These tasks and this influence of the Council did not return after Leicester had left the Netherlands at the end of 1587.[9]
By 1588 the Council had therefore reached the structure and functions it would possess during the entire existence of the Dutch Republic. The Council was henceforth made up of members appointed by the States-General on the nomination of the Provincial States (usually about 12), with two members (between 1598 and 1625 one[10]) appointed by the English government.[11] The stadtholders of the provinces wereex officio members, at least outside theFirst Stadtholderless Period andSecond Stadtholderless Period. The executive powers of the Council were limited to military policy (both on land and sea); administering theDutch States Army's financial aspects (naval affairs were administered by the fiveAdmiralties, founded by Leicester); and formulating and executing tax policy for theGenerality Lands.[citation needed]
The Council usually played a self-effacing role, as laid down in its Instruction of 1651, at the beginning of the first Stadtholderless Period. However, the secretary of the Council,Simon van Slingelandt played a leading role in an attempt at constitutional reform (which would have greatly increased the executive powers of the Council, as intended in the time of Leicester) in 1717. This attempt came to nothing, however.[12]
After the overthrow of the regime of stadtholderWilliam V, Prince of Orange and the founding of theBatavian Republic in 1795, the Council was dissolved, together with the States-General.[citation needed]
An advisory council with the name Council of State was again instituted in the waning days of the Batavian Republic in 1805. The successorKingdom of Holland had an institution with that name (modeled on the contemporary French Council of State). Despite this, these councils disappeared again during the years of the annexation by France (1810–1813).[13][full citation needed] However, after the restoration of Dutch independence in 1813 a new Council of State was founded as laid down in theConstitutions of 1814 and 1815. These constitutions explicitly stated that all "Acts of Sovereign Dignity" by the Sovereign Prince (and later the King) would only be enacted after the advice of the Council was heard. These included both Acts of the States-General and Royal Decrees, which was important because the first king,William I of the Netherlands, liked to rule by decree. The King presided over the new Council, and the Crown-Prince became a memberex officio after reaching the age of majority. In practice, however, a vice-president presided over the deliberations of the Council, the King took over on ceremonial occasions. Members were appointed from all provinces both "Dutch" and "Belgian". After theBelgian Revolution of 1830 the Belgian members left. The newKingdom of Belgium did not institute its ownCouncil of State until 1946 as an administrative court.[14]
Under the 1848 constitution, the Council of State was reorganized, and its structure and duties were defined by a new law. The first of these laws, passed in 1861, expanded the Council’s role: in addition to advising on legislation, it would also help resolve disputes between government bodies like provinces and municipalities that were brought before the Crown. For this type of advice a new subdivision of the Council was formed that came to act like an administrative court (though the formal decision rested with the Crown). This function of high administrative court was enlarged in the succeeding century. Finally, the 1861 law made the Council the institution that would exercise royal authority in the absence of the king or a regent.[15] This case did happen for short periods in 1889 and 1890, in those periods the Council served as regent forKing William III under the Vice-PresidentGerlach Cornelis Joannes van Reenen.[citation needed]
In 1887 the revised constitution opened the way for making the Council a formal administrative court. This did not actually happen before 1963 when theWet Beroep Administratieve Beschikkingen (BAB, Administrative Decisions Review Act) was enacted, replaced in 1976 by theWet Administratief Beroep Overheidsbeschikkingen (AROB, Administrative Decisions Appeals Act). This setup was changed in 1988, because theEuropean Court of Human Rights had deemed inBenthem v Netherlands that the fact that the Council of State was not an independent institution denied the complainant a fair trial, in breach ofArticle 6 of the European Convention on Human Rights. To permanently remedy this defect the "judicial" part of the Council was in 1994 made formally independent from the part that advised on legislative matters. This split in two separate parts was confirmed in the most recent revision (2010) of the Council of State Act.[16][full citation needed]
 | This article needs to beupdated. Please help update this article to reflect recent events or newly available information.(July 2024) |
| Advisory Division | |||||
|---|---|---|---|---|---|
| ex officio Members | Operation of law reason | Appointed | |||
_Portrait.jpeg) | King Willem-Alexander (born 1967) | Heir apparent (1985–2013) – King (since 2013) | 27 April 1985 (40 years, 215 days) Member – 30 April 2013 (12 years, 212 days) President | ||
 | Queen Máxima (born 1971) | Spouse of theheir apparent (2002–2013) – Queen consort (since 2013) | 2 February 2002 (23 years, 299 days) Member | ||
.jpg) | Catharina-Amalia, Princess of Orange (born 2003) | Heir apparent (since 2013) | 8 December 2021 (3 years, 355 days) Member | ||
| Vice-President | Appointed | Party | Background | ||
 | Thom de Graaf (born 1957) | 1 November 2018 (7 years, 27 days) | Democrats 66 | Politician (MP · Minister · Mayor) Jurist (Researcher · Legal educator) | |
| Crown Members | Appointed | Party | Background | ||
 | Sylvia Wortmann (born 1956) | 1 March 2004 (21 years, 272 days) | Independent | Jurist (Researcher · Law professor) | |
| Dr. Hanna Sevenster (born 1963) | 1 June 2007 (18 years, 180 days) | Independent | Jurist (Lawyer · Law professor) Civil servant | |
| Ben Vermeulen (born 1957) | 1 February 2008 (17 years, 300 days) | Independent | Jurist (Law professor) | |
| Dr. Jaap Polak (born 1955) | 1 May 2010 (15 years, 211 days) | Independent | Jurist (Lawyer · Prosecutor · Law professor) | |
| Advisory Members | Appointed | Party | Background | ||
| Dr. Sjaak Jansen (born 1954) | 1 September 2010 (15 years, 88 days) | Independent | Jurist (Law professor) Civil servant | |
| Luc Verhey (born 1960) | 1 March 2011 (14 years, 272 days) | Independent | Jurist (Law professor) Civil servant | |
| Dr. Theo van der Nat (born 1951) | 1 May 2011 (14 years, 211 days) | People's Party for Freedom and Democracy | Politician (Alderman) Economist (Researcher · Economics professor) Banker Civil servant | |
| Dr. Guus Heerma van Voss (born 1957) | 1 April 2012 (13 years, 241 days) | Independent | Jurist (Researcher · Law professor) | |
.jpg) | Jan Franssen (born 1951) | 1 January 2014 (11 years, 331 days) | People's Party for Freedom and Democracy | Politician (MP · Mayor · King's Commissioner) | |
| Ronald van den Tweel (born 1964) | 24 June 2015 (10 years, 157 days) | Independent | Jurist (Lawyer) | |
| Peter van den Berg (born 1952) | 24 June 2015 (10 years, 157 days) | Independent | Economist Civil servant | |
| Dr. Niels Koeman (born 1949) | 1 September 2017 (8 years, 88 days) | Independent | Jurist (Lawyer · Law professor) | |
| Dr. Nico Schrijver (born 1954) | 1 September 2017 (8 years, 88 days) | Labour Party | Politician (MP) Jurist (Researcher · Law professor) Civil servant | |
| Richard van Zwol (born 1965) | 1 September 2017 (8 years, 88 days) | Christian Democratic Appeal | Economist Civil servant | |
 | Frank de Grave (born 1955) | 3 September 2018 (7 years, 86 days) | People's Party for Freedom and Democracy | Politician (Minister · MP) Corporate director Banker | |
| Extraordinary Members | Appointed | Party | Background | ||
| Dick Sluimers (born 1953) | 20 January 2016 (9 years, 312 days) | People's Party for Freedom and Democracy | Economist Corporate director Civil servant | |
| Gerard Roes (born 1951) | 20 January 2016 (9 years, 312 days) | Independent | Civil servant | |
 | Ad Melkert (born 1956) | 20 January 2016 (9 years, 312 days) | Labour Party | Politician (Minister · MP) Diplomat Civil servant | |
| Dr. Age Bakker (born 1950) | 31 August 2016 (9 years, 89 days) | Christian Democratic Appeal | Economist (Economics professor) Banker Civil servant | |
 | Marijke Vos (born 1957) | 31 August 2016 (9 years, 89 days) | GreenLeft | Politician (MP) | |
| Name | Period |
|---|---|
| Gijsbert Karel van Hogendorp | 1814–1816 |
| Johan Hendrik Mollerus | 1817–1829 |
| William, Prince of Orange | 1829–1840 |
| Hendrik Jacob van Doorn van Westcapelle | 1841–1848 |
| Willem Gerard van de Poll | 1848–1858 |
| Æneas Mackay | 1862–1876 |
| Gerlach Cornelis Joannes van Reenen | 1876–1893 |
| Johan Æmilius Abraham van Panhuys | 1893–1897 |
| Johan Willem Meinard Schorer | 1897–1903 |
| Peter Joannes van Swinderen | 1903–1912 |
| Joan Röell | 1912–1914 |
| Wilhelmus Frederik van Leeuwen | 1914–1928 |
| Fredrik Alexander Carel van Lynden van Sandenburg | 1928–1932 |
| Frans Beelaerts van Blokland | 1933–1956 |
| Bram Rutgers | 1956–1959 |
| Louis Beel | 1959–1972 |
| Marinus Ruppert | 1973–1980 |
| Willem Scholten | 1980–1997 |
| Herman Tjeenk Willink | 1997–2012 |
| Piet Hein Donner | 2012–2018 |
| Thom de Graaf | 2018–present |
| President |  | |
|---|---|---|
| Vice-President | ||
| Members | ||
| Advisory Members | ||
| Extraordinary Members | ||
| Ex officio Members | ||
Dutch Republic institutions, offices and titles | ||
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| Institutions | .svg) | |
| Offices | ||
| Titles | ||
| See also | ||
