Dutch cabinet formation
Encyclopedia
The formation of a Dutch cabinet is a time consuming process, which is for the most part not codified in the constitution.
, a process of cabinet formation starts. Due to several factors--the multi-party system
and the nationwide party-list system of proportional representation--no political party (in the modern sense) has ever had a majority in parliament since 1900. Indeed, since the adoption of the current proportional representation system in 1918, no party has even approached the number of seats needed for a majority in its own right. A coalition of two or often three parties is always necessary. Forming this is a time-consuming process. The monarch plays an important role in cabinet formation process. The entire process is regulated by tradition and convention and only the final appointment is regulated by law.
. Next, the monarch meets the chairs of each parliamentary party in the House of Representatives, the political leaders of all parties. The talks concern how to interpret the election results
, which parties should form the new cabinet and who should be appointed (in)formateur
. Because this advice is a matter of public record, the monarch cannot easily take a direction which is contrary to the advice of a majority in parliament. On the other hand, th substance of talks behind the closed doors of the palace remains undisclosed.
or a minister of state
. He generally has a background in the largest party in the House of Representatives. It is also possible to appoint multiple informateurs, with backgrounds in other prospective partners. The informateur is given a specific task by the monarch, often to "seek a coalition of parties with coalition agreement
and a majority in parliament." The informateur has meetings with individual chairs of parliamentary parties, and chairs sessions of negotiations between them. During these negotiations the parties barter, abandoning some policy goals to achieve others.
. If not, he tenders his resignation and the process starts again, with new consultations and the appointment of a new informateur. The formateur leads negotiations between parties willing to cooperate to form a cabinet. Conventionally he is the leader of the largest party in the prospective coalition and thus also the prospective prime minister
. He leads the talks about all the issues the informateur has not resolved, often this is the coalition agreement
, the distribution of government portfolios and the personal nominations to the cabinet.
If the formateur is successful, the monarch formally invites him to form a government, then appoints all ministers and state secretaries individually by Royal Decree (Koninklijk Besluit). Each minister declares an oath of loyalty to the Constitution in private. After this the entire Council of Ministers and the monarch are photographed on the stairs of Huis ten Bosch
palace. The newly minted ministers all tender their resignations from the House of Representatives, as cabinet ministers aren't allowed to be members of Parliament. The new cabinet then proposes its plans to parliament.
, limiting itself to urgent and pressing matters and traditionally not taking any controversial decisions. If the cabinet fell because one of the parties removed its support, it is possible for the ministers and state secretaries representing that party to leave the cabinet without the cabinet becoming demissionary: the other parties then continue to form a new cabinet, which is called a rump cabinet, often a minority government
. It is also possible for the monarch to ask the ministers to remain demissionary in office until a new parliament has been elected.
lays down most of the policies for the future cabinet.
it took seven months. During this period the cabinet cannot launch any new initiatives.
There have often been proposals to codify the procedure in the constitution and make it more democratic. One proposal is to let the population elect the Prime Minister separately. This has always been rejected because it might result in a prime minister being elected at the same time as a parliamentary majority of opposing political signature. A less radical proposal is to let the parliament appoint the formateur and informateur, and making the responsible to parliament.
Formation process
After the elections or the fall of a cabinetCabinet of the Netherlands
The cabinet of the Netherlands is the main executive body of the Dutch government. The current cabinet of the Netherlands is the Rutte cabinet.-Composition and role:...
, a process of cabinet formation starts. Due to several factors--the multi-party system
Multi-party system
A multi-party system is a system in which multiple political parties have the capacity to gain control of government separately or in coalition, e.g.The Conservative-Liberal Democrat coalition in the United Kingdom formed in 2010. The effective number of parties in a multi-party system is normally...
and the nationwide party-list system of proportional representation--no political party (in the modern sense) has ever had a majority in parliament since 1900. Indeed, since the adoption of the current proportional representation system in 1918, no party has even approached the number of seats needed for a majority in its own right. A coalition of two or often three parties is always necessary. Forming this is a time-consuming process. The monarch plays an important role in cabinet formation process. The entire process is regulated by tradition and convention and only the final appointment is regulated by law.
Advice
First, the monarch has private individual meetings with the Presidents of the Senate and House of Representatives and the vice-president of the Dutch Council of StateDutch Council of State
In the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience...
. Next, the monarch meets the chairs of each parliamentary party in the House of Representatives, the political leaders of all parties. The talks concern how to interpret the election results
Elections in the Netherlands
Elections in the Netherlands are held for six territorial levels of government: the European Union, the state, the twelve Provinces of the Netherlands, the 25 water boards, the 418 municipalities and in two cities for neighbourhood councils...
, which parties should form the new cabinet and who should be appointed (in)formateur
Formateur
A formateur is a politician who is appointed by the head of state to lead the formation of a coalition government, after either a general election or the collapse of a previous government. The role of the formateur is especially important in the politics of Belgium, the Netherlands, Luxembourg,...
. Because this advice is a matter of public record, the monarch cannot easily take a direction which is contrary to the advice of a majority in parliament. On the other hand, th substance of talks behind the closed doors of the palace remains undisclosed.
Information phase
On basis of this advice, the monarch then appoints an informateur who explores the options for a new cabinet. The informateur often is a relative outsider and a veteran politician who has retired from active politics: a member of the Senate, Council of StateDutch Council of State
In the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience...
or a minister of state
Minister of State (Netherlands)
The Minister of State is an honorary title in the Netherlands. The title is formally granted together with the style Excellency, by the Monarch, but on the initiative of the cabinet of the Netherlands. It is given on a personal basis, for life rather than for a specified period. The title is...
. He generally has a background in the largest party in the House of Representatives. It is also possible to appoint multiple informateurs, with backgrounds in other prospective partners. The informateur is given a specific task by the monarch, often to "seek a coalition of parties with coalition agreement
Coalition agreement
In multiparty democracies, a coalition agreement is an agreement between the parties that form the cabinet. It codifies the most important goals and objectives of the cabinet. It is often written by the leaders of the parliamentary parties.-Examples:...
and a majority in parliament." The informateur has meetings with individual chairs of parliamentary parties, and chairs sessions of negotiations between them. During these negotiations the parties barter, abandoning some policy goals to achieve others.
Formation phase
If the informateur is successful, he returns to the monarch, who then appoints a formateurFormateur
A formateur is a politician who is appointed by the head of state to lead the formation of a coalition government, after either a general election or the collapse of a previous government. The role of the formateur is especially important in the politics of Belgium, the Netherlands, Luxembourg,...
. If not, he tenders his resignation and the process starts again, with new consultations and the appointment of a new informateur. The formateur leads negotiations between parties willing to cooperate to form a cabinet. Conventionally he is the leader of the largest party in the prospective coalition and thus also the prospective prime minister
Prime Minister of the Netherlands
The Prime Minister of the Netherlands is the chairman of the Council of Ministers of the Netherlands. He is the de facto head of government of the Netherlands and coordinates the policy of the government...
. He leads the talks about all the issues the informateur has not resolved, often this is the coalition agreement
Coalition agreement
In multiparty democracies, a coalition agreement is an agreement between the parties that form the cabinet. It codifies the most important goals and objectives of the cabinet. It is often written by the leaders of the parliamentary parties.-Examples:...
, the distribution of government portfolios and the personal nominations to the cabinet.
If the formateur is successful, the monarch formally invites him to form a government, then appoints all ministers and state secretaries individually by Royal Decree (Koninklijk Besluit). Each minister declares an oath of loyalty to the Constitution in private. After this the entire Council of Ministers and the monarch are photographed on the stairs of Huis ten Bosch
Huis ten Bosch
Huis ten Bosch is one of the three official residences of the Dutch Royal Family, located in The Hague in the Netherlands. It has been home to Queen Beatrix since 1981. The other Royal palace in The Hague, Noordeinde Palace, is used for work-related purposes...
palace. The newly minted ministers all tender their resignations from the House of Representatives, as cabinet ministers aren't allowed to be members of Parliament. The new cabinet then proposes its plans to parliament.
Demissionary cabinet
After the dissolution of parliament and before the appointment of a new cabinet, the incumbent cabinet stays on as a demissionary cabinetDemissionary cabinet
A demissionary cabinet is a type of caretaker cabinet in the Netherlands.A demissionary cabinet continues the current government after a cabinet has ended. This can either be after completion of the full term, between general elections and the formation of a new cabinet, or after a cabinet crisis...
, limiting itself to urgent and pressing matters and traditionally not taking any controversial decisions. If the cabinet fell because one of the parties removed its support, it is possible for the ministers and state secretaries representing that party to leave the cabinet without the cabinet becoming demissionary: the other parties then continue to form a new cabinet, which is called a rump cabinet, often a minority government
Minority government
A minority government or a minority cabinet is a cabinet of a parliamentary system formed when a political party or coalition of parties does not have a majority of overall seats in the parliament but is sworn into government to break a Hung Parliament election result. It is also known as a...
. It is also possible for the monarch to ask the ministers to remain demissionary in office until a new parliament has been elected.
Importance of the formation
The formation is often considered as important as or the elections themselves - or even more important. This is because the coalition agreementCoalition agreement
In multiparty democracies, a coalition agreement is an agreement between the parties that form the cabinet. It codifies the most important goals and objectives of the cabinet. It is often written by the leaders of the parliamentary parties.-Examples:...
lays down most of the policies for the future cabinet.
Criticism
The process has been criticized for many reasons. First, it takes place out of public and parliament's view, which means democratic control over the process is limited. Second, a competent Monarch can have a decisive personal influence on which coalition is formed. Finally, it can all take a very long time, normally months. In 1977Netherlands cabinet Van Agt-1
The first Van Agt cabinet was a right-wing coalition of the CDA and the VVD. The Labour Party was the largest party after the elections, but the demands of Labour leader Joop den Uyl were too great for Christian-Democrat Dries van Agt, who formed a coalition with right-wing liberal Hans Wiegel...
it took seven months. During this period the cabinet cannot launch any new initiatives.
There have often been proposals to codify the procedure in the constitution and make it more democratic. One proposal is to let the population elect the Prime Minister separately. This has always been rejected because it might result in a prime minister being elected at the same time as a parliamentary majority of opposing political signature. A less radical proposal is to let the parliament appoint the formateur and informateur, and making the responsible to parliament.