A Kingdom Act () is an act of the
Kingdom of the Netherlands
The Kingdom of the Netherlands (, ;, , ), commonly known simply as the Netherlands, is a sovereign state consisting of a collection of constituent territories united under the monarch of the Netherlands, who functions as head of state. The re ...
, which scope goes beyond the
constituent country the
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, and which is (also) effective in the other constituent countries
Aruba
Aruba, officially the Country of Aruba, is a constituent island country within the Kingdom of the Netherlands, in the southern Caribbean Sea north of the Venezuelan peninsula of Paraguaná Peninsula, Paraguaná and northwest of Curaçao. In 19 ...
,
Curaçao
Curaçao, officially the Country of Curaçao, is a constituent island country within the Kingdom of the Netherlands, located in the southern Caribbean Sea (specifically the Dutch Caribbean region), about north of Venezuela.
Curaçao includ ...
and/or
Sint Maarten
Sint Maarten () is a Countries of the Kingdom of the Netherlands, constituent country of the Kingdom of the Netherlands located in the Caribbean region of North America. With a population of 58,477 as of June 2023 on an area of , it encompasses ...
. Kingdom Acts are used for specific areas of law set out in the
Charter for the Kingdom of the Netherlands
The Charter for the Kingdom of the Netherlands (in Dutch: ''Statuut voor het Koninkrijk der Nederlanden''; in Papiamentu: ''Statuut di Reino Hulandes'') is a legal instrument that sets out the political relationship among the four countries that ...
(e.g.
nationality law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
, foreign affairs), or for those areas where countries in the Kingdom of the Netherlands cooperate voluntarily.
Field of application
Ordinary Kingdom Acts
Kingdom Acts are used in areas defined as Kingdom Affairs in the Charter for the Kingdom:
[
* maintenance of the independence and the defence of the Kingdom of the Netherlands;
* foreign relations;
* Netherlands nationality;
* regulation of the orders of chivalry, the flag and the coat of arms of the Kingdom;
* regulation of the nationality of vessels and the standards required for the safety and navigation of seagoing vessels flying the flag of the Kingdom of the Netherlands, with the exception of sailing ships;
* supervision of the general rules governing the admission and expulsion of Netherlands nationals;
* general conditions for the admission and expulsion of aliens;
* extradition.
One additional Kingdom Affair is specified in article 43(2) of the Charter:
* The safeguarding of fundamental human rights and freedoms, ]legal certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct.
See also
*
*
*Due process
*International human rights law
International human ...
and good governance shall be a Kingdom Affair.
An example of a Kingdom Act is the Kingdom Act on the Netherlands Nationality.
Consensus Kingdom Acts
On the basis of article 38 of the Charter, the countries of the Kingdom can decide to adopt a Kingdom Act outside of the scope of the aforementioned areas. Such acts are referred to as Consensus Kingdom Acts, as they require the consent of the parliaments of Aruba, Curaçao and Sint Maarten (before 2010: Aruba and the Netherlands Antilles; before 1986: the Netherlands Antilles; from 1954 to 1975: Suriname and the Netherlands Antilles).
An example of a Consensus Kingdom Act is the , which was adopted as part of the package of legislation pertaining to the dissolution of the Netherlands Antilles
The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010.
After dissolution, the "BES islands" of the Dutch Caribbean— Bonaire, Sint Eustatius, and Saba—became ...
.
Legislative process
Kingdom Acts are generally proposed by the Government of the Netherlands
The Netherlands is a Parliamentary system, parliamentary representative democracy. A constitutional monarchy, the country is organised as a Decentralization, decentralised unitary state.''Civil service systems in Western Europe'' edited by A. ...
, after discussion in the Council of Ministers of the Kingdom (which consists of the Council of Ministers of the Netherlands together with the ministers-plenipotentiary of Aruba, Curaçao and Sint Maarten respectively). Obligatory advice is obtained from the Council of State of the Kingdom (which is the Council of State of the Netherlands, with added advisers, one for every other country). After this advice a (revised) proposal is sent to the States-General of the Netherlands
The States General of the Netherlands ( ) is the supreme bicameral legislature of the Netherlands consisting of the Senate () and the House of Representatives (). Both chambers meet at the Binnenhof in The Hague.
The States General originated i ...
and the estates of the three other countries. When Aruba, Curaçao or Sint Maarten does not agree with the proposed Kingdom Act, then the country can increase the majority needed for approval in the States-General to 5/9 of the votes. After approval in both houses of the States-General, the Act receives royal assent.
References
{{reflist
Dutch legislation