Article 24
The title to the Throne shall be hereditary and shall vest in the
legitimate descendants of King William I
, Prince of
Orange-Nassau.
Article 25
On the death of the King, the title to the Throne shall pass by
hereditary succession to the King's 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 King's 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.
Article 26
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.
Article 27
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.
Article 28
(1) The King shall be deemed to have abdicated if he contracts
a marriage without having obtained approval by Act of
Parliament.
(2) 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.
(3) The two Chambers of the Parliament (Parliament) shall meet
to consider and decide upon a Bill for granting such approval in
joint session.
Article 29
(1) One or more persons may be excluded from the hereditary
succession by Act of Parliament if exceptional circumstances
necessitate.
(2) The Bill for this purpose shall be presented by or on behalf
of the King. The two Chambers of the Parliament shall
consider 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 favor.
Article 30
(1) 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 Chambers shall be dissolved. The newly
convened Chambers 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 favor.
(2) The Chambers shall be dissolved if there is no successor on
the death or abdication of the King. The newly convened
Chambers 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 favor.
Article 31
(1) An appointed King may be succeeded only by his legitimate
descendants by virtue of hereditary succession.
(2) The provisions on hereditary succession and the first
paragraph of this article shall apply by analogy to an appointed
successor who has not yet become King.
Article 32
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 Chambers
of the Parliament. 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.
Article 33
The King shall not exercise the royal prerogative before
attaining the age of eighteen.
Article 34
The guardianship of a King who is a minor shall be regulated
by Act of Parliament. The two Chambers of the Parliament
shall meet in joint session to consider and decide upon the
matter.
Article 35
(1) If the Council of Ministers is of the opinion that the King is
unable to exercise the royal prerogative it shall inform the two
Chambers of the Parliament accordingly and shall also present
to them the recommendation it has requested from the Council
of State. The two Chambers of the Parliament shall then meet
in joint session.
(2) If the two Chambers of the Parliament 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 President of the joint session and shall enter
into force immediately.
(3) 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 Chambers of the Parliament 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.
(4) 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
Chambers of the Parliament shall consider and decide upon the
matter in joint session.
Article 36
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 Chambers of the Parliament shall
consider and decide upon the matter in joint session.
Article 37
(1) The royal prerogative shall be exercised by a Regent:
(a) until the King has attained the age of eighteen;
(b) if the title to the Throne may vest in an unborn child;
(c) if it has been resolved that the King is unable to exercise the
royal prerogative;
(d) if the King has temporarily relinquished the exercise of the
royal prerogative;
(e) in the absence of a successor following the death or
abdication of the King.
(2) The Regent shall be appointed by Act of Parliament. The
two Chambers of the Parliament shall consider and decide upon
the matter in joint session.
(3) 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.
(4) The Regent shall swear or promise allegiance to the
Constitution and that he will faithfully discharge his duties
before the two Chambers 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 Chambers of the Parliament shall
consider and decide upon the matter in joint session.
(5) Articles 35 and 36 shall apply by analogy to the
Regent.
Article 38
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.
Article 39
Membership of the Royal House shall be regulated by Act of
Parliament.
Article 40
(1) 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.
(2) 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.
(3) Bills containing legislation as referred to in the previous
paragraphs may be passed by the Parliament only if at least
two-thirds of the votes cast are in favor.
Article 41
The King shall organize his Household, taking due account of
the public interest.
Section 2 The King and the Ministers
Article 42
(1) The Government shall comprise the King and the
Ministers.
(2) The Ministers, and not the King, shall be responsible for
acts of government.
Article 43
The Prime Minister and the other Ministers shall be appointed
and dismissed by Royal Decree.
Article 44
(1) Ministries shall be established by Royal Decree. They shall
be headed by a Minister.
(2) Non-departmental Ministers may also be appointed.
Article 45
(1) The Ministers shall together constitute the Council of
Ministers.
(2) The Prime Minister shall be the chairman of the Council of
Ministers.
(3) The Council of Ministers shall consider and decide upon
overall government policy and shall promote the coherence
thereof.
Article 46
(1) State Secretaries may be appointed and dismissed by Royal
Decree.
(2) A State Secretary shall act with ministerial authority in place
of the Minister in cases in which the Minister considers it
necessary; the State Secretary shall observe the Minister's
instructions in such cases. Responsibility shall rest with the
State Secretary without prejudice to the responsibility of the
Minister.
Article 47
All Acts of Parliament and Royal Decrees shall be signed by
the King and by one or more Ministers or State Secretaries.
Article 48
The Royal Decree appointing the Prime Minister shall be
countersigned by the latter. Royal Decrees appointing or
dismissing Ministers and State Secretaries shall be
countersigned by the Prime Minister.
Article 49
Upon accepting office Ministers and State Secretaries shall
swear an oath or make an affirmation and promise in the
presence of the King, in the manner prescribed by Act of
Parliament, that they have not done anything which may legally
debar them from holding office, and shall also swear or
promise allegiance to the Constitution and that they will
faithfully discharge their duties.