Jump to content

Dutch cabinet formation

Edit links
From Wikipedia, the free encyclopedia
(Redirected from Scout (Dutch parliament))
For the ongoing cabinet formation, see 2023–2024 Dutch cabinet formation.
Expected parliamentary leaders meeting the day after the election to appoint a scout during the 2021–2022 cabinet formation.

The formation of a Dutch cabinet is the process of government formation of a Dutch cabinet, consisting of ministers and state secretaries. Most cabinet formations take place after elections for the House of Representatives, but these can also take place in between.

There are no legal provisions regarding the manner in which a formation takes place. Only the appointment of ministers at the end of the formation by the head of state is laid down in the Constitution. In customary law there is the confidence rule, which states that the cabinet to be formed must have the confidence of the majority of parliament. Under the parliamentary system, sufficient support is also required to adopt bills. These rules are supplemented with conventions, traditions and customs, which have arisen and changed over the years.

Formateur Louis Beel receives the four faction leaders during the 1952 cabinet formation.

The formation can be roughly divided into three phases. During the scouting phase, a scout or informateur explores which political parties want to form a cabinet together. In the subsequent information phase, negotiations will take place under the leadership of an informateur about the government's future policy programme, to be recorded in a coalition agreement. During the formation phase, under the leadership of a formateur, the portfolios are determined, divided among the parties and ministers and state secretaries are sought. What is discussed in the different phases is not fixed and if a phase does not lead to the desired result, one can go back to an earlier phase. At the end, the people who will take their place in the cabinet are appointed and sworn in by the monarch. The formation is finished with a government statement and debate in the House of Representatives.

Formation process[edit]

The cabinet of the Netherlands is the executive body of the Dutch government. It consists of ministers and state secretaries 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 or has come close to it since the adoption of the current proportional representation system in 1918. To gain sufficient support in at least the House of Representatives, 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.

The formation process after elections can be roughly divided into three phases: exploratory, constructive (also known as information phase) and formation phase.[1] In these phases, agreements are made about the four P's: which parties participate in the cabinet, what program the cabinet has, what the portfolio distribution is among the parties and finally which persons will join the cabinet.[2] If it concerns a formation after the fall of the cabinet, not all steps are often followed.

Resignation[edit]

Cabinet formations usually take place after general elections. Following the 1922 cabinet formation, it is the convention that a cabinet offers resignation around the time of the election.[3] A formation can also take place after the cabinet has offered resignation following a cabinet crisis. Since 1972, the convention has been that no cabinet change takes place without elections, but a cabinet can be glued together or partially continued as rump cabinet.[4]

Scouting phase[edit]

Speaker of the House of Representatives Khadija Arib hands over an assignment to scouts Kajsa Ollongren and Annemarie Jorritsma at the start of the 2021–2022 cabinet formation.

The day after the elections, the likely parliamentary groups meet, although the results are not yet final and the new House will not be installed until two weeks later. The likely faction then chooses their parliamentary leader, which in most cases is the lead candidate. The strategy for the formation are also often discussed.[5] A day later, the likely parliamentary leaders meet to discuss the appointment of a "scout". The custom is for the largest party to nominate a scout. The scout then has the task to meet with all parliamentary leaders to see which parties can start programmatic negotiations.[6] At the beginning and at the end of the assignment, the scout holds - just like later the (in)formateur - a press conference.[7] The scout makes a report in which includes a recommendation for the follow-up process. This report will be discussed with the scout in the debate on the election results, which will take place as soon as possible after the installation of the new House.

At a later point in the formation, for example after negotiations between parties have failed, there may be a need for a new scouting phase. This is then carried out by an informateur.

Information phase[edit]

On basis of this advice, the House of Representatives then appoints an informateur who explores the options for a new cabinet.[8][9] 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[edit]

Formateur Mark Rutte receives candidate minister and deputy prime minister Lodewijk Asscher during the 2012 cabinet formation.

As soon as the intended coalition partners have agreed on a coalition agreement, a formateur is appointed with the task of forming a cabinet. Usually this is the intended Prime Minister. Even before the formation, parties have contacted potential ministers within their party. In this phase, the formateur, in consultation with negotiators of the coalition, approaches the candidate ministers and candidate state secretaries.

After a candidacy has been accepted, the files on the candidate minister are investigated in the judicial documentation register, at the General Intelligence and Security Service and at the Tax and Customs Administration. A conversation then takes place between the candidate and the formateur, during which they are asked whether there are any possible obstacles to accepting the position. Business interests must be put at a distance. After the interview, the candidate confirms in writing what was discussed to the formateur. After completion of all discussions, the formateur discusses the report with the parliamentary group leaders of the coalition and informs the Prime Ministers of Aruba, Curaçao and Sint Maarten.[10]

The intention is to hold hearings by the Members of the House of Representatives with the candidate ministers for the cabinet formation of 2023–2024 after the discussions with the formateur.[11]

Constitutive deliberation[edit]

When the new team of ministers is complete, the candidate ministers will meet in the constitutive deliberation (Dutch: Constituerend beraad). During this meeting, agreements are made on procedural matters such as the portfolio distribution, replacement scheme, profile of the cabinet and the unity of cabinet policy. Comments can be made about the coalition agreement and the government statement is discussed.[12] If no objections arise from the constitutive deliberations, the formateur will submit a final report.[13]

Appointment and swearing in[edit]

As laid down in articles 43 and 46 of the Constitution, the king/queen takes the Royal Decrees in which the resignation application of departing ministers is accepted and new ministers are appointed. The old Prime Minister countersigns the dismissals and the new Prime Minister the appointments. In doing so, they assume ministerial responsibility for these decisions. Ministers who were already part of the previous cabinet are not sworn in again, but they are not dismissed.[14] The new ministers then swear or promise, as laid down in article 49 of the Constitution, allegiance to the king/queen, the Statute for the Kingdom and the Constitution, and take a purification oath before the king/queen. This has been broadcast on television since 2012.[15]

The bordes scene of the First Biesheuvel cabinet at Huis ten Bosch after the 1971 cabinet formation.
Prime Minister Mark Rutte (left) receives the key to the Torentje from outgoing Jan Peter Balkenende (right) at the end of the 2010 cabinet formation.

It has been customary since 1971 that after being sworn in, the new team of ministers is photographed together with the king/queen during the 'bordes scene'.[16] Afterwards the ministers go to their department where the official transfer takes place. For example, the Minister of Finance hands over the key to the treasury and the new Prime Minister receives the key to the office in the Torentje. A proces-verbaal of transfer is signed by both ministers.[17]

Prime Minister Ruud Lubbers during the debate on the government statement after the 1986 cabinet formation.

A few days later, the first Council of Ministers takes place, where the conclusions of the constitutive deliberations are included as the first item on the agenda. The government policy statement is also discussed in the Council of Ministers and ultimately adopted.[18] The Prime Minister usually delivers the government statement within two weeks after being sworn in, which is followed directly by a debate. The debate is the first moment at which the House can express its opinion on the required trust in the cabinet (the unwritten confidence rule). If no motion of no confidence is adopted in that debate, the formation will be fully completed.[19]

Historical development[edit]

Until 2010, the queen requested advice on a new cabinet to be formed from the speakers of the Senate and House of Representatives , the vice president of the Council of State, the parliamentary leaders in the House and possibly the Ministers of State. She would then appoint an informateur. Since 2012 the monarch plays no role substantial role in the formation. Until 1963, it was common for the formateur to draw up the coalition agreement on his own.

Criticism[edit]

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.[20]

Dualism[edit]

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.[21]

Democratic deficit[edit]

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.[22]

The cabinet formation is seen as non-transparent. The actual negotiations usually take place behind closed doors.[23]

Rules of the game[edit]

One of the rules of the game that Van Baalen identified is drive; a caretaker cabinet must be in place for as short a time as possible.[24] Cabinet formations in the Netherlands, however, take longer than in other countries.[25] The longest formation was the 2021–2022 cabinet formation, which lasted 299 days. The duration of formations is influenced by whether it takes place after elections, how many parties there are and how fragmented the outcome is.[25] A longer formation has no influence on the stability of a cabinet.[26][27]

References[edit]

  1. ^ Van Baalen & Van Kessel 2012, p. 105.
  2. ^ Bootsma 2017, pp. 22–23.
  3. ^ Van Baalen & Van Kessel 2012, p. 24.
  4. ^ "Kabinetswisselingen zonder verkiezingen". Parlement.com (in Dutch). Retrieved 8 March 2024.
  5. ^ Van Baalen & Van Kessel 2012, pp. 30–31.
  6. ^ Van Baalen & Van Kessel 2012, p. 103.
  7. ^ Van Baalen & Van Kessel 2012, p. 88.
  8. ^ "The formation process" (in Dutch). Houseofrepresentatives.nl. Retrieved 24 May 2017.
  9. ^ "The process of forming a government" (in Dutch). Government.nl. Retrieved 24 May 2017.
  10. ^ Van Baalen & Van Kessel 2012, pp. 230–231.
  11. ^ Keultjes, Hanneke (31 January 2024). "Hoe ministers in de dop al naar hoorzitting Kamer gaan voordat een nieuw kabinet op het bordes staat". Het Parool (in Dutch). Retrieved 9 March 2024.
  12. ^ Van Baalen & Van Kessel 2012, p. 237.
  13. ^ Van Baalen & Van Kessel 2012, p. 243.
  14. ^ Van Baalen & Van Kessel 2012, p. 245.
  15. ^ "Nieuwe ministers kabinet-Rutte II beëdigd". parlement.com (in Dutch). 5 November 2012. Archived from the original on 24 June 2021. Retrieved 19 June 2021.
  16. ^ Van Baalen & Van Kessel 2012, p. 254.
  17. ^ Van Baalen & Van Kessel 2012, pp. 257–258.
  18. ^ Van Baalen & Van Kessel 2012, p. 263.
  19. ^ Van Baalen & Van Kessel 2012, pp. 265–266.
  20. ^ Van Baalen 2003, p. 7.
  21. ^ Van Baalen 2003, pp. 7–12.
  22. ^ 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.
  23. ^ 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.
  24. ^ Van Baalen 2003, p. 12.
  25. ^ a b Meer, Tom van de (25 August 2017). "Waarom duren formaties zo lang?". Stuk Rood Vlees. Archived from the original on 9 June 2021. Retrieved 9 June 2021.
  26. ^ Meer, Tom van de (10 August 2017). "Langere formatie, (in)stabielere regering?". Stuk Rood Vlees. Archived from the original on 9 June 2021. Retrieved 9 June 2021.
  27. ^ Meer, Tom van de (21 September 2017). "Lange formatie, stabieler kabinet? Economen slaan plank mis". Archived from the original on 9 June 2021. Retrieved 9 June 2021.

Sources[edit]

External link[edit]

Retrieved from "https://en.wikipedia.org/w/index.php?title=Dutch_cabinet_formation&oldid=1229391285#Advice"