Article 37: Regency

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 Houses of the States General 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 Houses 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 Houses of the States General shall consider and decide upon the matter in joint session.
  5. Articles 35 and 36 shall apply mutatis mutandis to the Regent.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

Royal authority is exercised by a regent

  • if the King is a minor, Article 33
  • if an unborn child might become King, Article 26
  • if the King has been declared incapacitated, Article 35
  • if the King has temporarily relinquished royal authority, Article 36.
  • while there is no successor after the King’s death or abdication.

If the King has been declared unable to exercise royal authority or has temporarily relinquished it, the descendant who is the heir presumptive becomes regent by right, provided that the heir has reached eighteen. Otherwise, the regent is appointed by Act of Parliament, considered at a joint sitting of the States General. A parliamentary initiative is also possible.

The regent will be required to take an oath. This is regulated in the Act on the Swearing-in of the Regent.

As long as provision has not been made for the exercise of royal authority, this is exercised by the Council of State (Article 38).