Dutch cabinet formation
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The formation of a Dutch cabinet is a time consuming process, which is for the most part not codified in the constitution
After the elections or the fall of a cabinet, a process of cabinet formation starts. Because of the multi-party system of the Netherlands, no single political party (in the modern sense) has ever had a majority in parliament since 1900. A coalition of two or often three parties is always necessary. Forming this is a time-consuming process. The monarch plays an important role in cabinet formation process. The entire process is regulated by tradition and convention and only the final appointment is regulated by law.
First, the monarch has private individual meetings with the Presidents of the Senate and House of Representatives and the vice-president of the Raad van State. Next, the monarch meets the chairs of each parliamentary party in the House of Representatives, the political leaders of all parties. The talks concern how to interpret the election results, which parties should form the new cabinet and who should be appointed (in)formateur. Because this advice is a matter of public record, the monarch cannot easily take a direction which is contrary to the advice of a majority in parliament. On the other hand, th substance of takls behind the closed doors of the palace remains undisclosed.
On basis of this advice, the monarch then appointa an informateur who explores the options for a new cabinet. The informateur often is a relative outsider and a veteran politician who has retired from active politics: a member of the Senate, Raad van State or a minister of state. He gnenerally 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 monarch, 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 barter, abandoning some policy goals to achieve others.
If the informateur is successful, he returns to the monarch, who then appoints a formateur. If not, he tenders his resignation and the process starts again, with new consultations and the appointment of a new informateur. The formateur leads negotiations between parties willing to cooperate to form a cabinet. Conventionally he is the leader of the largest party in the prospective coalition and thus also the prospective prime minister. He leads the talks about all the issues the informateur has not resolved, often this is the coalition agreement, the distribution of government portfolios and the personal nominations to the cabinet.
If the formateur is successful, the monarch appoints all ministers and state secretaries individually by Royal Decision (Koninklijk Besluit). Each minister declares an oath of loyalty to the Constitution in private. After this the entire Council of Ministers and the monarch are photographed on the stairs of Huis ten Bosch palace. The new cabinet then proposes its plans to parliament.
After the dissolution of parliament and before the appointment of a new cabinet, the incumbent cabinet stays on as a demissionary cabinet, limiting itself to urgent and pressing matters and traditionally not taking any controversial decisions. If the cabinet fell because one of the parties removed its support, it is possible for the ministers and state secretaries representing that party leave the cabinet without the cabinet becoming demissionary: the other parties then continue to form a new cabinet, which is called a rump cabinet, often a minority government. It is also possible for the monarch to ask the ministers to remain demissionary in office until a new parliament has been elected.
The formation is often considered as important as orthe elections themselves - or even more important. This is because the coalition agreement lays down most of the policies for the future cabinet.
The process has been criticized for many reasons. First, the it takes place out of public and parliament's view, whichmeans democratic control over the process it limited. Second, a competent Monarch can have a decisive personal influence on which coalition is formed. Finally, it can all take a very long time, normally months. In 1977 it took seven months. During this period the cabinet cannot launch any new initiatives. There have often been proposals to codify the procedure in the constitution and make it more democratic. One proposal is to let the population elect the Prime Minister separately. This has always been rejected because a it might results in a prime minister being elected at the same time as a parliamentary majority of opposing political signature. A less radical proposal is to let the parliament appoint the formateur and informateur, and making the responsible to parliament.
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