The Constitution of the Kingdom of the Netherlands


Chapter 4 Council of State, Court of Audit National Ombudsman and permanent advisory bodies


Article 73 Council of State

- 1. The Council of State or a division of the Council shall be consulted on Bills and draft orders in council as well as proposals for the approval of treaties by the States General. Such consultation may be dispensed with in cases to be laid down by Act of Parliament.
- 2. The Council or a division of the Council shall be responsible for investigating administrative disputes where the decision has to be given by Royal Decree, and for advising on the ruling to be given in the said dispute.
- 3. The Council or a division of the Council may be required by Act of Parliament to give decisions in administrative disputes.


Article 74 President and members of the Council of State

- 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. The members of the Council shall be appointed for life by Royal Decree.
- 3. They shall cease to be members of the Council on resignation or on attaining an age to be determined by Act of Parliament.
- 4. They may be suspended or dismissed from membership by the Council in instances specified by Act of Parliament.
- 5. Their legal status shall in other respects be regulated by Act of Parliament.


Article 75 Organisation, composition and powers of the Council of State

- 1. The organisation, composition and powers of the Council of State shall be regulated by Act of Parliament.
- 2. Additional duties may be assigned to the Council or a division of the Council by Act of Parliament.


Article 76 Court of Audit

The Court of Audit (Algemene Rekenkamer) shall be responsible for examining the State’s revenues and expenditures.


Article 77 Members of the Court of Audit

- 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.


Article 78 Organisation, composition and powers of the Court of Audit

- 1. The organisation, composition and powers of the Court of Audit shall be regulated by Act of Parliament.
- 2. Additional duties may be assigned to the Court of Audit by Act of Parliament.


Article 78a National Ombudsman

- 1. The National Ombudsman shall investigate, on request or of his own accord, actions taken by administrative authorities of the State and other administrative authorities designated by or pursuant to Act of Parliament.
- 2. The National Ombudsman and a Deputy Ombudsman shall be appointed by the Lower House of the States General for a period to be determined by Act of Parliament. They may resign or retire on attaining an age to be determined by Act of Parliament. They may be suspended or dismissed by the Lower House of the States General in instances specified by Act of Parliament. Their legal status shall in other respects be regulated by Act of Parliament.
- 3. The powers and methods of the National Ombudsman shall be regulated by Act of Parliament.
- 4. Additional duties may be assigned to the National Ombudsman by or pursuant to Act of Parliament.


Article 79 Advisory bodies

- 1. Permanent bodies to advise on matters relating to legislation and administration of the State shall be established by or pursuant to Act of Parliament.
- 2. The organisation, composition and powers of such bodies shall be regulated by Act of Parliament.
- 3. Duties in addition to advisory ones may be assigned to such bodies by or pursuant to Act of Parliament.


Article 80 Publication of the recommendations of advisory bodies

- 1. The recommendations made by the bodies referred to in the present chapter shall be made public according to rules to be laid down by Act of Parliament.
- 2. Other than in cases to be laid down by Act of Parliament, recommendations made in respect of Bills presented by or on behalf of the King shall be submitted to the States General.

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