Is the Dutch Council of State still neutral?
In the media image: Florian Schmetz on Unsplash
The role of the Council of State is once again under discussion. Criticism from politicians clashes with constitutional analyses, while experts warn against eroding the institute’s authority. Constitutional law expert Wim Voermans comments in ‘JAS Nieuws’.
The discussion about the alleged political nature of the Council of State in the Netherlands became more heated recently after sharp criticism from politicians about its negative opinions on government plans. Critics say the advisory body blocks policy too often, while those who support it emphasise that it only reviews government plans against the law and the Constitution. Though the Council’s opinion is non-binding, in practice it has great impact on the legislative process and political debate. JAS Nieuws reports that following the Council's opinions ensures that the Netherlands ranks high in Europe on the list of least criticised legislation by the European Court of Human Rights.
According to Voermans, the image of the Council of State making structurally political choices is incorrect. He argues that ‘the number of negative opinions has remained virtually unchanged for decades’ and points out that criticism often arises when politically sensitive proposals prove legally untenable. Voermans calls it ‘regrettable’ that politicians frame the institution as partisan as ‘that undermines the institution's authority.’ At the same time, he stresses that the Council’s opinions carry ‘towering authority' in the House of Representatives, precisely because of their legal substantiation.
More information?
Read the full article in JAS Nieuws (in Dutch)