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- Title
Constitutional Law: THE NETHERLANDS.
- Authors
VETZO, MAX
- Abstract
The new composition of the Lower House, following the 2017 general elections, led to the formation of a new Cabinet consisting of both centre-right and centre-left parties: the conservative-liberal VVD, the conservative Christian democratic CDA, the liberal democratic D66 and the social Christian ChristenUnie. The new coalition government presented its agenda for the next four years, under the title 'Confidence in the future' (Vertrouwen in de toekomst), which includes the proposal to repeal the Advisory Referendum Act (Wet raadgevend referendum). In a constitutionally significant case regarding that Act, the District Court of the Hague held that it could not issue a judgment on the lawfulness of the slow response of the Government to the outcome of the referendum on the EU-Ukraine Association Agreement. This conclusion was based on the traditional reluctance of Dutch courts to interfere in the legislative process. The same reluctance led the Dutch Supreme Court in 2016 to postpone its substantive judgment on the question whether the life imprisonment sentence in Dutch criminal law is compatible with the ECHR. In 2017 the Supreme Court confirmed that the new legislation, adopted after its 2016 judgment, is 'ECHR-proof'. The State Commission on the Parliamentary System continued its work in 2017. Its final report is expected in 2018. In the meantime, some relevant amendments to the Dutch Constitution have progressed through the rigid amendment procedure, such as an amendment on introducing a fair trial clause.
- Subjects
CHRISTIAN democratic parties; APPELLATE courts; MORAL judgment; CRIMINAL law; POLITICAL parties
- Publication
European Review of Public Law, 2018, Vol 30, Issue 2, p463
- ISSN
1105-1590
- Publication type
Article