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Constitution for the Kingdom of the Netherlands (extract)

Chapter 2. Government

§ 1. The King

Article 24

The title to the Throne shall be hereditary and shall vest in the legitimate descendants of King Willem I, Prince of Orange-Nassau.

The title to the Throne has been vested in:

HRH Sovereign Prince Willem I December 2nd, 1813 March 16th, 1815
HM King Willem I March 16th, 1815 October 7th, 1840
HM Kng Willem II October 7th, 1840 March 17th, 1849
HM King Willem III March 17th, 1849 November 23rd, 1890
HM Queen Wilhelmina November 23rd, 1890 September 4th, 1948
HM Queen Juliana September 4th, 1948 April 30th, 1980
HM Queen Beatrix April 30th, 1980  

Article 25

On the death of the King, the title to the Throne shall pass by hereditary succession to the King's legitimate descendants in order of seniority, the same rule governing succession by the issue of descendants who predecease the King. If the King has no descendants, the title to the Throne shall pass in the same way to the legitimate descendants of the King's parent and then of his grandparent who are in the line of succession but are not further removed from the deceased King than the third degree of consanguinity.

Successors to the Throne in confirmity with this article are:

  1. HRH Prince Willem-Alexander of the Netherlands, Prince of Orange-Nassau, Jonkheer van Amsberg;
  2. HRH Prince Johan Friso of the Netherlands, Prince of Orange-Nassau, Jonkheer van Amsberg;
  3. HRH Prince Constantijn of the Netherlands, Prince of Orange-Nassau, Jonkheer van Amsberg;
  4. The Highborn Lady Eloise Countess of Orange-Nassau, Jonkvrouwe van Amsberg;
  5. HRH Princess Margriet of the Netherlands, Princess of Orange-Nassau, Princess of Lippe-Biesterfeld;
  6. HH Prince Maurits of Orange-Nassau, Van Vollenhoven;
  7. HH Prince Bernhard of Orange-Nassau, Van Vollenhoven;
  8. HH Prince Pieter-Christiaan of Orange-Nassau, Van Vollenhoven;
  9. HH Prince Floris of Orange-Nassau, Van Vollenhoven.

See for the establishment of the degree of consanguinity article 3, paragraph 1, of Book 1 of the Civil Code.

Article 26

For the purposes of hereditary succession, the child of a woman pregnant at the moment of the death of the King shall be deemed already born. If it is stillborn it shall be deemed to have never existed.

Compare article 2 of Book 1 of the Civil Code.

Article 27

Hereditary succession to the Throne in the event of abdication shall take place according to the rules set out in the above articles. Children born after an abdication and their descendants shall be excluded from the hereditary succession.

An Act of Abdication has been signed by:

HM King Willem I Palace Het Loo, Apeldoorn, October 7th, 1840
HM Queen Wilhelmina Palace op de Dam, Amsterdam, September 4th, 1948
HM Queen Juliana Palace op de Dam, Amsterdam, April 30th, 1980

Article 28

  1. The King shall be deemed to have abdicated if he contracts a marriage without having obtained approval by Act of Parliament.
  2. Anyone in line of succession to the Throne who contracts such a marriage shall be excluded from the hereditary succession, together with any children born of the marriage and their issue.
  3. The two Chambers of the Parliament (Parliament) shall meet to consider and decide upon a Bill for granting such approval in joint session.

No approval in confirmity with this article has been obtained for the intendend marriage of HRH Princess Marianne of the Netherlands, Princess of Orange-Nassau to HRH Prince Gustaf Vasa, the intendend marriage of HRH Princess Irene of the Netherlands, Princess of Orange-Nassau, Princess of Lippe-Biesterfeld to HRH Prince Charles Hughues de Bourbon de Parme and the intendend marriage of HRH Princess Christina of the Netherlands, Princess of Orange-Nassau, Princess of Lippe-Biesterfeld to Jorge Guillermo.
The intended marriage of HRH Princess Marianne to HRH Prince Gustaf Vasa was never conducted. HRH Princess Irene and HRH Princess Christina were excluded from the hereditary succession by the contracting of their marriage.

Article 29

  1. One or more persons may be excluded from the hereditary succession by Act of Parliament if exceptional circumstances necessitate.
  2. The Bill for this purpose shall be presented by or on behalf of the King. The two Chambers of the Parliament shall consider and decide upon the matter in joint session. Such a Bill shall be passed only if at least two-thirds of the votes cast are in favor.

Article 30

  1. A successor to the Throne may be appointed by Act of Parliament if it appears that there will otherwise be no successor. The Bill shall be presented by or on behalf of the King, upon which the Chambers shall be dissolved. The newly convened Chambers shall discuss and decide upon the matter in joint session. Such a Bill shall be passed only if at least two-thirds of the votes cast are in favor.
  2. The Chambers shall be dissolved if there is no successor on the death or abdication of the King. The newly convened Chambers shall meet in joint session within four months of the decease or abdication in order to decide on the appointment of a King. They may appoint a successor only if at least two-thirds of the votes cast are in favor.

Article 31

  1. An appointed King may be succeeded only by his legitimate descendants by virtue of hereditary succession.
  2. The provisions on hereditary succession and the first paragraph of this article shall apply by analogy to an appointed successor who has not yet become King.

Article 32

Upon assuming the royal prerogative the King shall be sworn in and inaugurated as soon as possible in the capital city, Amsterdam, at a public and joint session of the two Chambers of the Parliament. The King shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties. Specific rules shall be laid down by Act of Parliament.

The inaugurations took place:

HRH Sovereign Prince Willem I New Church, Amsterdam, March 30th, 1814
HM King Willem I Brussels, September 21st, 1815
HM King Willem II New Church, Amsterdam, November 28th, 1840
HM King Willem III New Church, Amsterdam, May 12th, 1849
HM Queen Wilhelmina New Church, Amsterdam, September 6th, 1898
HM Queen Juliana New Church, Amsterdam, September 6th, 1948
HM Queen Beatrix New Church, Amsterdam, April 30th, 1980

Article 33

The King shall not exercise the royal prerogative before attaining the age of eighteen.

Article 34

The parental authority and the guardianship of a King who is a minor shall be regulated by Act of Parliament. The two Chambers of the Parliament shall meet in joint session to consider and decide upon the matter.

Article 35

  1. If the Council of Ministers is of the opinion that the King is unable to exercise the royal prerogative it shall inform the two Chambers of the Parliament accordingly and shall also present to them the recommendation it has requested from the Council of State. The two Chambers of the Parliament shall then meet in joint session.
  2. If the two Chambers of the Parliament share this opinion, they shall then resolve that the King is unable to exercise the royal prerogative. This resolution shall be made public on the instructions of the President of the joint session and shall enter into force immediately.
  3. As soon as the King regains the ability to exercise the royal prerogative, notice of the fact shall be given in an Act of Parliament. The two Chambers of the Parliament shall consider and decide upon the matter in joint session. The King shall resume the exercise of the royal prerogative as soon as the Act has been made public.
  4. If it has been resolved that the King is unable to exercise the royal prerogative, guardianship over his person shall, if necessary, be regulated by Act of Parliament. The two Chambers of the Parliament shall consider and decide upon the matter in joint session.

Article 36

The King may temporarily relinquish the exercise of the royal prerogative and resume the exercise thereof pursuant to Act of Parliament. The relevant Bill shall be presented by or on behalf of the King. The two Chambers of the Parliament shall consider and decide upon the matter in joint session.

Article 37

  1. The royal prerogative shall be exercised by a Regent:
    1. until the King has attained the age of eighteen;
    2. if the title to the Throne may vest in an unborn child;
    3. if it has been resolved that the King is unable to exercise the royal prerogative;
    4. if the King has temporarily relinquished the exercise of the royal prerogative;
    5. in the absence of a successor following the death or abdication of the King.
  2. The Regent shall be appointed by Act of Parliament. The two Chambers of the Parliament shall consider and decide upon the matter in joint session.
  3. In the cases specified in Paragraph (1)(c) and (d) above, the descendant of the King who is the heir presumptive shall become Regent by right if he has attained the age of eighteen.
  4. The Regent shall swear or promise allegiance to the Constitution and that he will faithfully discharge his duties before the two Chambers of Parliament meeting in joint session. Rules regarding the office of Regent shall be made by Act of Parliament, which may contain provisions for succession and replacement. The two Chambers of the Parliament shall consider and decide upon the matter in joint session.
  5. Articles 35 and 36 shall apply by analogy to the Regent.

Article 38

The royal prerogative shall be exercised by the Council of State until such time as alternative provision is made for the exercise of such power.

Article 39

Membership of the Royal House shall be regulated by Act of Parliament.

Article 40

  1. The King shall receive annual payments from the State according to rules to be laid down by Act of Parliament. The Act shall also specify which other members of the Royal House shall receive payments from the State and shall regulate the payments themselves.
  2. The payments received by them from the State, together with such assets as are of assistance to them in the exercise of their duties, shall be exempt from personal taxation. In addition, anything received by the King or his heir presumptive from a member of the Royal House by inheritance or as a gift shall be exempt from inheritance tax, transfer tax, or gifts tax. Additional exemption from taxation may be granted by Act of Parliament.
  3. Bills containing legislation as referred to in the previous paragraphs may be passed by the Parliament only if at least two-thirds of the votes cast are in favor.

Article 41

The King shall organize his Household, taking due account of the public interest.

§ 2. The King and the Ministers

Article 42

  1. The Government shall comprise the King and the Ministers.
  2. The Ministers, and not the King, shall be responsible for acts of government.

Article 47

All Acts of Parliament and Royal Decrees shall be signed by the King and by one or more Ministers or State Secretaries.

Chapter 3. Parliament

§ 2. Procedure

Article 65

A statement of the policy to be pursued by the Government shall be given by or on behalf of the King before a joint session of the two Chambers of the Parliament that shall be held every year on the third Tuesday in September or on such earlier date as may be prescribed by Act of Parliament.

Chapter 4. Council of State, Chamber of Audit, National ombudsman and Advisory Bodies

Article 74

  1. The King shall be President of the Council of State. The heir presumptive shall be legally entitled to have a seat on the Council on attaining the age of eighteen. Other members of the Royal House may be granted a seat on the Council by or in accordance with an Act of Parliament.
  2. ...
  3. ...
  4. ...
  5. ...

Other members of the Royal House that have been granted a seat on the Council of State are:

  1. HRH Prince Frederik of the Netherlands, Prince of Orange-Nassau;
  2. HRH Prince Hendrik of the Netherlands, Duke of Mecklenburg, Prince of the Wends, of Schwerin and Ratzeburg, Count of Schwerin, Lord of the lands Rostock and Stargard, etc., etc.;
  3. HRH Prince Bernhard of the Netherlands, Prince of Lippe-Biesterfeld;
  4. HRH Prince Claus of the Netherlands, Jonkheer van Amsberg.

See also the Act on the Council of State.

Additional Articles

Article XIX

The wording of the proclamation of Acts of Parliament as laid down in Article 81 of the 1972 version of the Constitution, the wording of messages accompanying bills sent from one Chamber to the other or to the King and of the King's message to the Parliament containing his decision on the Bill, as laid down in Articles 123, 124, 127, 128, and 130 of the 1972 version of the Constitution, shall remain in force until such time as other arrangements are made.