Section 1: King
Inhoud
24: Hereditary monarchy
The title to the Throne shall be hereditary and shall vest in the legitimate descendants of King William I, Prince of Orange-Nassau.
25: Succession to the throne
On the death of the King, the title to the Throne shall pass by hereditary succession to the Kings 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 Kings 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.
26: Rights of the King’s unborn child
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.
27: Abdication
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.
28: Marriage of the King
- The King shall be deemed to have abdicated if he contracts a marriage without having obtained consent by Act of Parliament.
- 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.
- The two Houses of the States General (Parliament) shall meet to consider and decide upon a Bill for granting such consent in joint session.
29: Exclusion from succession to the throne
- One or more persons may be excluded from the hereditary succession by Act of Parliament if exceptional circumstances necessitate.
- The Bill for this purpose shall be presented by or on behalf of the King. The two Houses of the States General shall consider and decide upon the matter in joint session. Such a Bill shall be passed only if at least twothirds of the votes cast are in favour.
30: Appointment of a successor to the throne
- 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 Houses shall be dissolved. The newly convened Houses 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 favour.
- The Houses shall be dissolved if there is no successor on the death or abdication of the King. The newly convened Houses 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 favour.
31: Heir appointed King
- An appointed King may be succeeded only by his legitimate descendants by virtue of hereditary succession.
- The provisions on hereditary succession and the first paragraph of this article shall apply mutatis mutandis to an appointed successor who has not yet become King.
32: Swearing-in; inauguration of the King
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 Houses of the States General. 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.
33: Minimum age for the exercise of royal authority
The King shall not exercise the royal prerogative before attaining the age of eighteen.
34: Guardianship of the minor king
Parental responsibility for and guardianship of a King who is a minor, and the supervision thereof, shall be regulated by Act of Parliament. The two Houses of the States General shall meet in joint session to consider and decide upon the matter.
35: incapacitation of the exercise of royal authority
- If the Cabinet (Ministerraad) is of the opinion that the King is unable to exercise the royal prerogative it shall inform the two Houses of the States General accordingly and shall also present to them the recommendation it has requested from the Council of State (Raad van State). The two Houses of the States General shall then meet in joint session.
- If the two Houses of the States General 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 Speaker presiding over the joint session and shall enter into force immediately.
- 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 Houses of the States General 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.
- 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 Houses of the States General shall consider and decide upon the matter in joint session.
36: Temporary suspension of the exercise of royal authority
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 Houses of the States General shall consider and decide upon the matter in joint session.
37: Regency
- The royal prerogative shall be exercised by a Regent:
- until the King has attained the age of eighteen;
- if the title to the Throne may vest in an unborn child;
- if it has been resolved that the King is unable to exercise the royal prerogative;
- if the King has temporarily relinquished the exercise of the royal prerogative;
- in the absence of a successor following the death or abdication of the King.
- 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.
- 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.
- 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.
- Articles 35 and 36 shall apply mutatis mutandis to the Regent.
38: Exercise of royal authority Council of State
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.
39: Membership of the Royal House
Membership of the Royal House shall be regulated by Act of Parliament.
40: Allowance for members of the Royal House; tax exemption
- 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.
- 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.
- Bills containing legislation as referred to in the previous paragraphs may be passed by the States General only if at least two-thirds of the votes cast are in favour.
41: Royal House furnishings; privacy
The King shall organise his Household, taking due account of the public interest.