The formation of a Dutch cabinet is the process of negotiating an agreement that will get majority support in parliament for the appointment of the council of ministers and gives sufficient confidence that agreed policies will be supported by parliament. Dutch cabinet formations tend to be a time-consuming process, and the process is for the most part not codified in the constitution.

Formation process

The cabinet of the Netherlands is the executive body of the Dutch government. It consists of ministers and junior ministers, or state secretaries (staatssecretaris) as they are called in the Netherlands. The cabinet requires support from both chambers of the Dutch parliament to pass laws. Thus to form a stable government sufficient, and preferably majority support in both chambers is required.

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 the House of Representatives since 1900. Indeed, since the adoption of the current proportional representation system in 1918, no party has even come close to the number of seats needed for a majority in its own right. To gain sufficient support in both chambers, at least two parties must agree to form a government with majority support. The negotiations leading to this agreement are the cabinet formation period in the Netherlands.

Cabinet formation is engaged in, in two situations. After each general election, the incumbent cabinet resigns, but continues in a caretaker role until a new cabinet is formed. Due to changing party representations in the House of Representatives, a new cabinet has to be negotiated. Even if the same parties that were part of the previous government continue in office, the agreement has to be renegotiated to fit election promises and shift in powers. Another reason for cabinet formation can be the fall of a cabinet, i.e., those cases where the agreement between parties breaks down.[1] In the latter case (in principle) a new cabinet can be formed without general elections, although in practice the House of Representatives is almost always disbanded and early general elections are called.

Advice

First, the leaders of all the elected parties meet with the Speaker of the House of Representatives to appoint a "scout".[2][3] Next, the scout meets with the leaders of each elected party. The talks concern how to interpret the election results and on which parties should form the new cabinet.

Information phase

On basis of this advice, the House of Representatives then appoints an informateur who explores the options for a new cabinet.[4][5] The informateur often is a relative outsider and a veteran politician who has retired from active politics: a member of the Senate, Council of State or a minister of state. The informateur 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 House of Representatives, 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 try to find compromises on the policies of the future government and draft a coalition agreement.

Formation phase

Unsuccessful informateurs tenders their resignation and the process starts again, with new consultations and the appointment of a new informateur. If successful, the informateur will advise the House of Representatives to appoint a formateur. By convention, the formateur is the leader of the senior partner in the prospective coalition, and hence the prospective prime minister. The formateur concludes the talks between the members of the prospective coalition, focusing on any matters left unresolved by the informateur. Once these matters are resolved, the formateur allocates the government portfolios and nominates cabinet members.

It usually takes several months of negotiations before the formateur is ready to accept a formal royal invitation to form a government. The monarch then appoints all ministers and state secretaries individually by Royal Decree (Koninklijk Besluit). Each minister swears an oath of loyalty to the Constitution. 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 are not allowed to be members of Parliament. The new cabinet then proposes its program to parliament, and is confirmed in office.

Prior to 2012, the monarch played a considerable role in the formation of a government. After each election, he or she met with the presiding officers of both legislative chambers, then with the parliamentary leaders of the parties represented in the House of Representatives, in order to help interpret the election results and determine who should lead the next government. On the basis of this advice, the monarch then appointed an informateur to begin negotiations. If successful, the informateur returned to the monarch, who then appointed a formateur. However, in 2012, the States-General changed the formation procedure so that it takes place without royal influence.

Criticism

There is criticism about the course of events of a formation in every formation. According to political scientist Carla van Baalen, these complaints can be divided into three categories: lack of dualism, democratic deficit and the rules of the game.[6]

Dualism

Since 1946, cabinet formations have become more monistic, instead of the dualistic relationships envisaged between the House of Representatives and the cabinet. In those years, the coalition agreement was increasingly drawn up in consultation with the House of Representatives factions of the coalition parties. They thus commit themselves to the agreements in advance and are therefore less critical of the cabinet.[7]

Democratic deficit

Voters have little influence on the outcome of the formation. For example, there is a weak connection between election results and formation. Losing parties can join a cabinet during this formation, while winning parties end up in opposition.[8]

The cabinet formation is seen as non-transparent. The actual negotiations usually take place behind closed doors.[9]

See also

Source

  • Van Baalen, Carla (2003). Een rituele dans in de Tweede Kamer? Klagen over kabinetsformaties, 1946 - 2002 [A ritual dance in the House of Representatives? Complaints about cabinet formations, 1946 - 2002] (PDF). The Hague: Sdu Uitgevers. ISBN 9012098017.

References

  1. ↑ "Verloop formatie" (in Dutch). Rijksvoorlichtingsdienst. Archived from the original on 16 July 2011. Retrieved 12 June 2010.
  2. ↑ "Kabinetsformatie" (in Dutch). Rijksoverheid.nl. Retrieved 24 May 2017.
  3. ↑ "The Dutch Have Voted...So How Do They Put Together a Government?". Bloomberg. Retrieved 24 May 2017.
  4. ↑ "The formation process" (in Dutch). Houseofrepresentatives.nl. Retrieved 24 May 2017.
  5. ↑ "The process of forming a government" (in Dutch). Government.nl. Retrieved 24 May 2017.
  6. ↑ Van Baalen 2003, p. 7.
  7. ↑ Van Baalen 2003, pp. 7–12.
  8. ↑ Otjes, Simon; Stiers, Dieter (2 March 2023). "Regeringswissels en electorale verantwoording". Stuk Rood Vlees. Archived from the original on 9 June 2021. Retrieved 9 June 2023.
  9. ↑ Verheijen, Mark. "De kabinetsformatie is het zwarte gat van ons staatsrecht". De Limburger. Archived from the original on 2 April 2021. Retrieved 2 April 2021.
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