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Article 77: Membership of the Court of Audit

Article 77
  1. The members of the Court of Audit shall be appointed for life by Royal Decree from a list of three persons per vacancy drawn up by the Lower House of the States General.
  2. They shall cease to be members on resignation or on attaining an age to be determined by Act of Parliament.
  3. They may be suspended or dismissed from membership by the Supreme Court in cases to be laid down by Act of Parliament.
  4. Their legal status shall in other respects be regulated by Act of Parliament.

Explanation

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

The government appoints the members of the Court of Audit by Royal Decree. However, the government must choose from three persons nominated by the House of Representatives. The members of the Court of Audit can only be dismissed

  • at their own request;
  • upon reaching the statutory retirement age of 70;
  • by the Supreme Court in the cases specified by law.

The Supreme Court may also suspend a member in the cases specified by law. Dismissal and suspension are regulated in Article 7.5 of the Government Accounts Act 2016 (Comptabiliteitswet 2016).

The legal position of the members of the Court of Audit closely resembles the legal position of members of the judiciary. This guarantees the independence of the Court of Audit.