Page "Constitution of the Netherlands" Paragraph 61

Chapter 4 covers certain other High Councils of State apart from parliament.

The most important of these is the Council of State ( Raad van State ).

Any proposal of law in the broadest sense and any proposed treaty is in principle first submitted to the Council of State for legal comment ; this can be limited by formal law, which however only does so for trivial cases ( Article 73 ).

Though officially such comment is merely an advice, it is very rare for law proposals to remain unchanged if the judgment of the Council is negative.

The Council is seen as the guardian of legislative quality ; no minister can ignore its opinion without dire effects on his own reputation.

Thus the Council in fact codetermines the legislative process.

The Council also acts as the highest court for administrative appeal ( Subarticle 2 and 3 ); it thus has the final say on the way the country is actually ruled, though this is limited by the fact such appeals can only be made on formal or procedural grounds.

The large influence of the Council is not always appreciated by external and internal observers.

If the King is unable to exert the royal authority and there is as yet no regent, the Council exerts the royal authority ( Article 38 ).

The Council is officially presided by the King ( Article 74 ); in view of the ministerial responsibility he in fact only does so on special occasions: normally the current chairman is the vice-president of the Council, some times by journalists called the " Viceroy of the Netherlands ".

The probable heir becomes a member of the Council when he reaches the age of eighteen and often does attend the meetings.

Law can give other members of the Royal House the right to attend ; it in fact determines that they nor the heir have voting powers.

The members of the Council, the Staatsraden, are appointed by Royal Decree for life ( Subarticle 2 ); they can be dismissed on demand by Decree, or in cases determined by law by the Council itself, and law can determine an age limit ( Subarticles 3 and 4 ).

The competence, organisation and composition of the Council are regulated by law ; delegation is possible ( Article 75 ).

This competence may exceed the functions indicated in Article 73 ; in this case no delegation is allowed ( Subarticle 2 ).

The number of Staatsraden is determined by law at a maximum of 29 ordinary members and 50 extraordinary members.