History Council of State (Netherlands)

1 history

1.1 habsburg netherlands
1.2 council under anjou , leicester
1.3 council under dutch republic
1.4 council under united kingdom of netherlands
1.5 council under kingdom of netherlands

history
habsburg netherlands

charles v, holy roman emperor founded council of state on 1 october 1531 1 of 3 collateral councils (the other 2 secret or privy council , council of finances) advise sister mary of hungary, regent in habsburg netherlands, , successors, on les grandz et principaulx affaires et ceux qui concernent l état conduycte et gouvernement des pais, securite et deffense desdits pays de pardeca, in other words main questions of government, foreign affairs , defense. members of council great nobles of realm , few of great prelates.

after accession of philip ii of spain throne , departure spain in 1559 council became forum strife between spanish representatives in council, led antoine perrenot de granvelle , netherlandish grandees prince of orange , counts of horne , egmont. latter faction felt pushed aside , resigned in 1567, leaving field spanish-dominated council @ start of dutch revolt. after death of luis de requesens y zúñiga, governor-general of habsburg netherlands,in 1576, council of state temporarily assumed authority representative of king philip, awaiting arrival of new governor-general, don juan. before arrive members of council arrested in coup brussels garrison. afterwards pacification of ghent concluded pitting states-general of netherlands against spanish crown, represented don juan. when latter retreated namur in 1577 council of state split in 2 rumps, 1 joining don juan (and forming nucleus of become council of state of spanish netherlands , later austrian netherlands) other remaining close rebellious states-general. these members discharged king philip in 1578, formally ending council habsburg institution in become dutch republic.

the council under anjou , leicester

when duke of anjou came temporarily recognized new sovereign of rebellious provinces in 1581, new council of state appointed advise him , perform executive duties, pertaining defense , finances. council split in 2 regional councils, 1 area west of river meuse, other area east of river. first, residing in antwerp states-general convened, played main role departure of duke. after departure (again unified) council followed states-general middelburg, delft, , hague. after assassination of prince of orange in 1584 council given new executive powers , temporarily assumed full executive authority in place of prince. states-general meanwhile took lead in search protecting sovereign. resulted in treaty of nonsuch of 1585 elizabeth of england explicitly assumed leading role of council in evolving constitution of provinces of union of utrecht. article xiv of treaty authorised elizabeth appoint 2 english representatives on council, besides governor-general, preside council. next articles gave far-reaching authority governor-general, acting council, in matters of defense, finance , government. instance, stadtholders of provinces henceforth appointed governor-general , council (art. xxiv), though states of holland , west friesland preempted appointing maurice, prince of orange stadtholder before earl of leicester, accept governor-generalship, conferred on him states-general against wish of elizabeth, arrived in netherlands. first instance of way mighty province of holland frustrated policies of leicester. attempt found new council of finances (the old 1 had been dissolved in 1580), supposed take number of financial powers of council of state, quietly thwarted. on instigation of land s advocate of holland, johan van oldenbarnevelt, member of council, more , more executive tasks of council taken on states-general, dilute english influence on dutch affairs of state. these tasks , influence of council did not return after leicester had left netherlands @ end of 1587.

the council under dutch republic

by 1588 council had therefore reached structure , functions possess during entire existence of dutch republic. council henceforth made of members appointed states-general on nomination of provincial states (usually 12), 2 members (between 1598 , 1625 one) appointed english government. stadtholders of provinces ex officio members, @ least outside first stadtholderless period , second stadtholderless period. executive powers of council limited military policy (both on land , sea); administering dutch states army s financial aspects (naval affairs administered 5 admiralties, founded leicester); , formulating , executing tax policy generality lands.

the council played self-effacing role, laid down in instruction of 1651, @ beginning of first stadtholderless period. however, secretary of council, simon van slingelandt played leading role in attempt @ constitutional reform (which have increased executive powers of council, intended in time of leicester) in 1717. attempt came nothing, however.

after overthrow of regime of stadtholder william v, prince of orange , founding of batavian republic in 1795, council dissolved, states-general.

the council under united kingdom of netherlands

though advisory council nostalgic name council of state again instituted in waning days of batavian republic in 1805, , successor kingdom of holland had institution name (modeled on contemporary french council of state), these councils disappeared again during years of annexation france (1810-1813). however, after restoration of dutch independence in 1813 new council of state founded laid down in constitutions of 1814 , 1815. these constitutions explicitly stated acts of sovereign dignity sovereign prince , later king, enacted after advice of council heard. these included both acts of states-general , royal decrees, important, because first king, william of netherlands liked rule decree. king presided on new council, , crown-prince member ex officio after reaching age of majority. in practice, however, vice-president presided on deliberations of council, king taking on over ceremonial occasions. members appointed provinces, both dutch , belgian . after belgian revolution of 1830 belgian members left. new kingdom of belgium did not institute own council of state until 1946 administrative court.

the council under kingdom of netherlands

the council of state s meeting room in binnenhof; king s chair (left) empty

under new constitution of 1848 council of state reformed in sense structure , functions delegated organic law. first such law (the council of state act) enacted in 1861. important innovation of law besides advisory task of council in matters of law giving council advise in cases in conflicts between administrative organs (like provinces , municipalities) put before crown (king , ministers) resolution. type of advice new subdivision of council formed came act administrative court (though formal decision rested crown). function of high administrative court enlarged in succeeding century. finally, 1861 law made council institution exercise royal authority in absence of king or regent.

in 1887 revised constitution opened way making council formal administrative court. did not happen before 1963 when wet beroep administratieve beschikkingen (bab, administrative decisions review act) enacted, replaced in 1976 wet administratief beroep overheidsbeschikkingen (arob, administrative decisions appeals act). setup had changed after 1988, because european court of human rights deemed fact council of state not independent institution contrary provisions of european convention on human rights. remedy defect judicial part of council in 1994 made formally independent part advised on legislative matters. split in 2 separate parts confirmed in recent revision (2010) of council of state act.