7. De Nederlandse staat — history, government and rights

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Topic map: history → migration and international cooperation → monarch, government and parliament → levels and separation of powers → parties and elections → rule of law and fundamental freedoms.

What you should be able to do in the exam

You should know the central periods of Dutch history, understand the consequences of colonialism and the Second World War, distinguish government, cabinet and parliament, know the levels of administration and types of elections, and explain the rule of law, equality, freedom of expression and freedom of religion.

1. Historical timeline

Middle Ages and religion

The period from roughly 500 to 1500 is called the Middle Ages. The territory consisted of smaller areas known as the Netherlands. Most inhabitants belonged to the Roman Catholic Church, which had substantial influence.

Eighty Years' War: 1568–1648

In the sixteenth century, some inhabitants became Protestant and resisted the Spanish Catholic king. In 1568 a war for religious and political independence began; it ended in 1648.

William of Orange:

• led resistance against Spain;
• supported the possibility of different religions;
• was murdered in Delft in 1584;
• is an ancestor of the present royal house;
• explains the symbolic importance of orange.

Seventeenth century: trade, culture and colonies

In the seventeenth century the Netherlands became wealthy through international trade. Ships carried gold, spices and other goods. Rich families built canal houses; painters including Rembrandt produced famous works such as The Night Watch.

The wealth was also connected with colonial violence and slavery.

Dutch-controlled territories included:

• Indonesia / the Dutch East Indies;
• Suriname;
• parts of South Africa and other colonial possessions.

People were enslaved and forced to work on plantations. Modern KNM requires knowledge not only of economic success but also of the consequences of colonialism and slavery.

Second World War: 1940–1945

• Germany occupied the Netherlands in 1940.
• Rotterdam was heavily damaged by bombing.
• The winter of 1944–1945 brought severe famine: the Hunger Winter.
• The Netherlands was liberated on 5 May 1945.

Holocaust

The Nazis gradually removed the rights of Jewish people, forced them to wear a yellow star, deported them to camps and murdered them. Six million Jewish people were killed in the Holocaust.

Anne Frank hid with her family in the Secret Annex in Amsterdam, wrote a diary, was arrested and died in a camp. The building became a museum.

Antisemitism — discrimination against Jewish people — is prohibited, as are other forms of discrimination. Remembrance Day is 4 May and Liberation Day is 5 May.

2. Migration to the Netherlands

Important historical groups include:

• people from former colonies, especially Indonesia and Suriname;
• guest workers from Turkey, Morocco and southern Europe, recruited around the 1960s–1970s;
• present-day labour migrants, often from other EU countries;
• highly skilled migrants and expatriates;
• refugees from war or persecution;
• family migrants and international students.

Many temporary workers remained, formed families and had children and grandchildren born in the Netherlands.

3. International cooperation

The Netherlands accepts international obligations and cannot simply ignore common agreements.

4. Constitutional monarchy

The Netherlands is a kingdom and a parliamentary democracy. The monarch is King Willem-Alexander; see the current-facts file for the current prime minister and coalition.

Role of the monarch

• formal head of state;
• represents the country at home and abroad;
• performs ceremonial functions such as state visits;
• delivers the Speech from the Throne on Prinsjesdag, prepared by the government;
• has limited independent political power, while ministers bear political responsibility.

The royal house means the official close members of the royal family, not a building. The King's eldest daughter, Princess Amalia, is the heir.

5. Government, cabinet and parliament

Government

In the constitutional formula, the government consists of the monarch and ministers. The prime minister leads the work of the ministers. Each minister is responsible for a field such as education, finance or justice.

Cabinet

The cabinet consists of ministers and state secretaries who conduct day-to-day policy. A state secretary assists a minister and handles part of the portfolio.

Parliament

Parliament, or the States General, consists of:

• House of Representatives — 150 members;
• Senate — 75 members.

Main functions:

• scrutinise the government;
• debate, adopt or reject laws;
• approve the budget;
• the House can propose and amend bills;
• the Senate mainly gives a final yes or no to a bill.

Government and parliament are in The Hague.

6. Three administrative levels

The mayor is not directly elected by residents in the same way as the municipal council; the mayor is appointed through a statutory procedure. The council votes on local plans and budgets.

7. Separation of powers

The branches are separate and check one another. The government cannot tell a judge what decision to make; parliament scrutinises ministers. This prevents all power being concentrated in one person or group.

8. Political parties

People join a political party because they share ideas and want to influence decisions together.

Left and right

• Left-wing parties normally emphasise reducing inequality, higher tax on wealthy people and an active social role for government.
• Right-wing parties normally emphasise personal responsibility, enterprise, limits on state spending and public order.

Progressive and conservative

• Progressive — more open to social change.
• Conservative — prefers to preserve more tradition and change society cautiously.

The axes are not identical: a party can be economically right-wing but progressive on some social issues, or the reverse.

9. Elections

Process

1. Parties publish election programmes.
2. They campaign.
3. A voter selects a candidate on a party list.
4. Seats are allocated according to results.
5. Several parties normally form a coalition for government.
6. If a cabinet loses cooperation or confidence and resigns, it is said to have fallen; early elections may follow.

Voting is not compulsory, but it is regarded as an important way to participate in democracy.

Main elections

• Active voting right — the right to vote.
• Passive voting right — the right to stand as a candidate.
• A referendum is a vote for or against a particular proposal, not a normal party election.

10. The Netherlands as a rule-of-law state

A rechtsstaat is a country where the law applies to everyone, including government, and judges can decide independently.

Important values

• individual freedom — a person chooses education, work, relationships, religion and political views within the law;
• emancipation — movement towards equal opportunities for women and minorities;
• tolerance — acceptance that others live differently while following the law.

Constitution, Article 1

The Constitution guarantees equal treatment in equal circumstances and prohibits discrimination. This concerns sex, origin, skin colour, religion, political opinion, disability, sexual orientation and other grounds.

Men and women

The law gives equal rights:

• equal opportunity to study and work;
• equal pay for equal work;
• independent decisions about partner, education and residence;
• one spouse does not have to obey the other;
• boys and girls should have equal opportunities.

Practical inequality still exists, but it does not make discrimination lawful.

11. Freedoms and their limits

Freedom of expression

People may criticise the government, publish an opinion, sign a petition and join a demonstration. Freedom does not permit threats, incitement, discrimination or other conduct prohibited by law. Words can be lawful but hurtful; social responsibility still matters.

Freedom of religion

People may choose, change or reject a religion, gather in a church or mosque and express beliefs. Government does not determine the content of faith.

Law takes priority over a custom

Freedom of expression and religion operate within the law. Religion cannot justify violence, discrimination or violation of another person's rights. A demonstration must comply with safety and public-order requirements.

12. Judge and appeal

A judge:

• resolves disputes between people, organisations and government;
• assesses facts and applies the law;
• imposes a penalty for crime;
• decides which right takes priority when rights conflict;
• delivers a judgment.

If a party disagrees and the law permits, it can go on appeal to a higher court. While a decision is in force, it must be followed.

Key dates and numbers

Commonly confused ideas

Common exam traps

• Seventeenth-century wealth is connected both with art and with colonies, slavery and exploitation.
• Remembrance Day is 4 May; Liberation Day is 5 May.
• The royal house means people, not a palace.
• Cabinet and government are not completely identical terms.
• The Senate is not directly elected by ordinary national voting.
• Not every resident can vote for the House of Representatives; Dutch nationality is required.
• Some non-EU residents can vote municipally after five years but not automatically in parliamentary elections.
• Freedom of religion and expression does not override criminal law or the ban on discrimination.
• Judges are independent of ministers.

Active recall

1. Why did the Eighty Years' War begin and how long did it last?
2. Why is William of Orange important?
3. What negative sides accompanied seventeenth-century trade and colonies?
4. What happened during the Hunger Winter?
5. What was the Holocaust and who was Anne Frank?
6. Name three international organisations and their roles.
7. How does the government differ from the cabinet?
8. Which chambers form parliament and how many members do they have?
9. Who leads a province and who votes in a municipal council?
10. Name the three branches of power.
11. How do left/right differ from progressive/conservative?
12. Who can vote for the House of Representatives?
13. What are active and passive voting rights?
14. What does a rule-of-law state mean?
15. What does Article 1 of the Constitution guarantee?
16. Can freedom of religion justify violence or discrimination?
17. What does a judge do and what is an appeal?

Based on chapter 7 of the book, printed pages 153–178. Current office-holders are kept in a separate file.