The Council of State ( nl, ) is a
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princ ...
ally established advisory body in the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
to the
government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is ...
and
States General The word States-General, or Estates-General, may refer to:
Currently in use
* Estates-General on the Situation and Future of the French Language in Quebec, the name of a commission set up by the government of Quebec on June 29, 2000
* States Gener ...
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.
The Council of State must be consulted by the cabinet on proposed legislation before a
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
is submitted to parliament. The Council of State Administrative Law division also serves as one of the four highest courts of appeal in administrative matters. The
King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
is president of the Council of State but he seldom chairs meetings. The
Vice-President of the Council of State
The vice-president of the Council of State ( nl, Vice-President van de Raad van State) is the ''de facto'' presiding officer of the Council of State. The monarch serves as the ''ex officio'' president of the Council of State but in reality seldo ...
chairs meetings in his absence and is the ''de 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.
History
Habsburg Netherlands
Charles V, Holy Roman Emperor founded a Council of State on 1 October 1531 as one of three ''Collateral Councils'' (the other two were the
''Privy Council'' of ''Secret Council'' and the ''Council of Finances'') to advise his sister
Mary of Hungary
Mary, also known as Maria of Anjou (, , ; 137117 May 1395), reigned as Queen of Hungary and Croatia (officially 'king') between 1382 and 1385, and from 1386 until her death. She was the daughter of Louis the Great, King of Hungary and Poland ...
, his regent in the Habsburg Netherlands, and her successors, on ''les grandz et principaulx affaires et ceux qui concernent l'état conduycte et gouvernement des pais, securite et deffense desdits pays de pardeca'', in other words the main questions of government, foreign affairs and defense. Members of the council were the great nobles of the realm and a few of the great prelates.
After the accession of
Philip 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 by
Antoine Perrenot de Granvelle
Antoine Perrenot de Granvelle (20 August 151721 September 1586), Comte de La Baume Saint Amour, was a Bisontin ( Free Imperial City of Besançon) statesman, made a cardinal, who followed his father as a leading minister of the Spanish Habsb ...
and the Netherlandish grandees like
the Prince of Orange and the Counts of
Horne and
Egmont. The latter faction felt themselves pushed aside and resigned in 1567, leaving the field to a Spanish-dominated Council at the start of the
Dutch Revolt. After the death of
Luis de Requesens y Zúñiga
Luis de Requesens y Zúñiga (25 August 1528 – 5 March 1576) was a Spanish general, sailor, diplomat and politician. He served as governor of the Duchy of Milan (1572–1573) and as governor of the Spanish Netherlands (1573–1576).
Biography
...
, 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
Don Juan (), also known as Don Giovanni ( Italian), is a legendary, fictional Spanish libertine who devotes his life to seducing women. Famous versions of the story include a 17th-century play, ''El burlador de Sevilla y convidado de piedra'' ...
. Before he could arrive the members of the Council were arrested in a coup by the
Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
garrison. Soon afterwards the
Pacification of Ghent
The Pacification of Ghent, signed on 8 November 1576, was an alliance between the provinces of the Habsburg Netherlands. The main objectives were to remove Spanish mercenaries who had made themselves hated by all sides due to their plundering, and ...
was concluded pitting the
States-General of the Netherlands
The States General of the Netherlands ( nl, Staten-Generaal ) 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 ...
against the Spanish crown, represented by Don Juan. When the latter retreated to
Namur in early 1577 the Council of State split in two rumps, one joining Don Juan (and forming the nucleus of what would become the Council of State of the
Spanish Netherlands
Spanish Netherlands (Spanish: Países Bajos Españoles; Dutch: Spaanse Nederlanden; French: Pays-Bas espagnols; German: Spanische Niederlande.) (historically in Spanish: ''Flandes'', the name "Flanders" was used as a ''pars pro toto'') was the H ...
and later the
Austrian Netherlands
The Austrian Netherlands nl, Oostenrijkse Nederlanden; french: Pays-Bas Autrichiens; german: Österreichische Niederlande; la, Belgium Austriacum. was the territory of the Burgundian Circle of the Holy Roman Empire between 1714 and 1797. The pe ...
) 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 the
Dutch Republic
The United Provinces of the Netherlands, also known as the (Seven) United Provinces, officially as the Republic of the Seven United Netherlands (Dutch: ''Republiek der Zeven Verenigde Nederlanden''), and commonly referred to in historiography ...
.
Under Anjou and Leicester
When the
Duke of Anjou
The Count of Anjou was the ruler of the County of Anjou, first granted by Charles the Bald in the 9th century to Robert the Strong. Ingelger and his son, Fulk the Red, were viscounts until Fulk assumed the title of Count of Anjou. The Robertians ...
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 river
Meuse
The Meuse ( , , , ; wa, Moûze ) or Maas ( , ; li, Maos or ) is a major European river, rising in France and flowing through Belgium and the Netherlands before draining into the North Sea from the Rhine–Meuse–Scheldt delta. It has a t ...
, the other for the area East of that river. The first, residing in
Antwerp where the States-General also convened, played the main role up to the departure of the Duke. After his departure the (again unified) Council followed the States-General to
Middelburg Middelburg may refer to:
Places and jurisdictions Europe
* Middelburg, Zeeland, the capital city of the province of Zeeland, southwestern Netherlands
** Roman Catholic Diocese of Middelburg, a former Catholic diocese with its see in the Zeeland ...
,
Delft, and
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...
. 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. The States-General meanwhile took the lead in the search for another protecting sovereign. This resulted in the
Treaty of Nonsuch
The Treaty of Nonsuch was signed on 10 August 1585 by Elizabeth I of England and the Dutch rebels fighting against Spanish rule. It was the first international treaty signed by what would become the Dutch Republic. It was signed at Nonsuch Pala ...
of 1585 with
Elizabeth I of England
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
Eli ...
that explicitly assumed a leading role of the Council in the evolving constitution of the provinces of the
Union of Utrecht
The Union of Utrecht ( nl, Unie van Utrecht) was a treaty signed on 23 January 1579 in Utrecht, Netherlands, unifying the northern provinces of the Netherlands, until then under the control of Habsburg Spain.
History
The Union of Utrecht is r ...
. 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, the
Stadtholders of the provinces would henceforth be appointed by the Governor-General and the Council (art. XXIV), though the
States of Holland and West Friesland The States of Holland and West Frisia ( nl, Staten van Holland en West-Friesland) were the representation of the two Estates (''standen'') to the court of the Count of Holland. After the United Provinces were formed — and there no longer was a co ...
preempted this by appointing
Maurice, Prince of Orange stadtholder before
the 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.
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 the
Land's Advocate of Holland
The Lands’ Advocate ( nl, landsadvocaat) of Holland acted as the Chairman of the States of Holland. The office started in the early 14th century and ended in 1619, when the title was renamed into Grand Pensionary. He was the speaker of the nob ...
,
Johan van Oldenbarnevelt
Johan van Oldenbarnevelt (), Heer van Berkel en Rodenrijs (1600), Gunterstein (1611) and Bakkum (1613) (14 September 1547 – 13 May 1619) was a Dutch statesman and revolutionary who played an important role in the Dutch struggle for indepen ...
, 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.
Under the Dutch Republic
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) appointed by the English government. The stadtholders of the provinces were ''ex officio'' members, at least outside the
First Stadtholderless Period
The First Stadtholderless Period or Era (1650–72; nl, Eerste Stadhouderloze Tijdperk) is the period in the history of the Dutch Republic in which the office of Stadtholder was vacant in five of the seven Dutch provinces (the provinces of Fries ...
and
Second Stadtholderless Period
The Second Stadtholderless Period or Era ( nl, Tweede Stadhouderloze Tijdperk) is the designation in Dutch historiography of the period between the death of stadtholder William III on March 19, 1702, and the appointment of William IV as stadthol ...
. The executive powers of the Council were limited to military policy (both on land and sea); administering the
Dutch States Army
The Dutch States Army ( nl, Staatse leger) was the army of the Dutch Republic. It was usually called this, because it was formally the army of the States-General of the Netherlands, the sovereign power of that federal republic. This mercenary arm ...
's financial aspects (naval affairs were administered by the five ''Admiralties'', founded by Leicester); and formulating and executing tax policy for the
Generality Lands
The Generality Lands, Lands of the Generality or Common Lands ( nl, Generaliteitslanden) were about one fifth of the territories of the United Provinces of the Netherlands, that were directly governed by the States-General. Unlike the seven pr ...
.
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
Simon van Slingelandt, lord of the manor of Patijnenburg (14 January 1664, in Dordrecht – 1 December 1736, in The Hague) was Grand Pensionary of Holland from 17 July 1727 to 1 December 1736.
Simon van Slingelandt was the son of Govert van Sling ...
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.
After the overthrow of the regime of stadtholder
William V, Prince of Orange
William V (Willem Batavus; 8 March 1748 – 9 April 1806) was a prince of Orange and the last stadtholder of the Dutch Republic. He went into exile to London in 1795. He was furthermore ruler of the Principality of Orange-Nassau until his death i ...
and the founding of the
Batavian Republic in 1795, the Council was dissolved, together with the States-General.
Under the Kingdom of the Netherlands
Though an advisory council with the nostalgic name Council of State was again instituted in the waning days of the Batavian Republic in 1805, and also the successor
Kingdom of Holland
The Kingdom of Holland ( nl, Holland (contemporary), (modern); french: Royaume de Hollande) was created by Napoleon Bonaparte, overthrowing the Batavian Republic in March 1806 in order to better control the Netherlands. Since becoming Empero ...
had an institution with that name (modeled on the contemporary French Council of State), these councils disappeared again during the years of the annexation by France (1810-1813). However, after the restoration of Dutch independence in 1813 a new Council of State was founded as laid down in the
Constitutions
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these prin ...
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, important, because the first king,
William I of the Netherlands
William I (Willem Frederik, Prince of Orange-Nassau; 24 August 1772 – 12 December 1843) was a Prince of Orange, the King of the Netherlands and Grand Duke of Luxembourg.
He was the son of the last Stadtholder of the Dutch Republic, who went ...
liked to rule by decree. The King presided over the new Council, and the Crown-Prince would be a member ''ex officio'' after reaching the age of majority. In practice, however, a vice-president presided over the deliberations of the Council, the King only taking over on ceremonial occasions. Members were appointed from all provinces, both "Dutch" and "Belgian". After the
Belgian Revolution of 1830 the Belgian members left. The new
Kingdom of Belgium did not institute its own
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
until 1946 as an administrative court.
![Raad van State vergaderzaal](https://upload.wikimedia.org/wikipedia/commons/b/b2/Raad_van_State_vergaderzaal.jpg)
Under the new constitution of 1848 the Council of State was reformed in the sense that its structure and functions were delegated to an Organic Law. The first such law (the Council of State Act) was enacted in 1861. The most important innovation of this law was that besides the advisory task of the Council in matters of law giving the Council would also advise in cases in which conflicts between administrative organs (like provinces and municipalities) were put before the Crown (king and ministers) for resolution. 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. This case did happen for short periods in 1889 and 1890, in those periods the Council served as regent for
King William III
William III (William Henry; ; 4 November 16508 March 1702), also widely known as William of Orange, was the sovereign Prince of Orange from birth, Stadtholder of Holland, Zeeland, Utrecht, Guelders, and Overijssel in the Dutch Republic from the ...
under the Vice-President
Gerlach Cornelis Joannes van Reenen
Jhr. Gerlach Cornelis Joannes van Reenen (30 September 1818, in Amsterdam – 31 May 1893, in The Hague) was a Dutch politician.
He was Mayor of Amsterdam from 1850–1853 and later a member of the House of Representatives of the Netherlands fo ...
.
In 1887 the revised constitution opened the way for making the Council a formal administrative court. This did not actually happen before 1963 when the ''Wet Beroep Administratieve Beschikkingen'' (BAB, Administrative Decisions Review Act) was enacted, replaced in 1976 by the ''Wet Administratief Beroep Overheidsbeschikkingen'' (AROB, Administrative Decisions Appeals Act). This setup was changed in 1988, because the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
had deemed in ''
Benthem v Netherlands'' that the fact that the Council of State was not an independent institution ran contrary to the provisions of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...
. 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.
[Geschiedenis, 1962-2010]
Membership
Vice-Presidents
References
Sources
* (1995), ''The Dutch Republic: Its Rise, Greatness and Fall, 1477-1806'', Oxford University Press, hardback, paperback
*
Raad van State''
External links
*
{{DEFAULTSORT:Council of State of the Netherlands
Dutch political institutions
High Councils of State
Administrative courts
Constitutional courts
Courts in the Netherlands
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
1531 establishments in Europe
Courts and tribunals established in 1531
Privy councils