Introduction

The Netherlands are a decentralised unitary state in which provinces and municipalities have extensive powers to their own internal affairs. These powers are anchored in Articles 123 to 133 of the Dutch Constitution. Article 124(1) of the Constitution gives the provinces and municipalities the autonomy to adopt their own acts for their respective territories. Through Article 124(2) of the Constitution the central government may demand cooperation from the Local and Regional Authorities (LRA) in executing the national policies. Additionally, the Netherlands is also part of the Kingdom of the Netherlands, which includes the European Netherlands and some of the Caribbean Islands. The Kingdom is governed by the Charter for the Kingdom of the Netherlands. Yet, every country within the Kingdom has its own constitution (within the framework of the Charter) and enjoys extensive autonomy.

The Netherlands have a bicameral system. The Second Chamber has 150 seats and is directly elected using proportional representation. The First Chamber has 75 members which are elected indirectly through provincial assemblies. Despite this regional element, Article 50 of the Dutch Constitution explicitly mentions that the representatives of both houses represent the "entire people of the Netherlands" and Article 67(3) of the Dutch Constitution states that the members of both chambers vote “Free from burden". Consequently, members vote free from party political lines, regional or local pressures, interest group pressures, etc. From 2019 onwards citizens in the Caribbean Netherlands (Bonaire, Sint Eustatius & Saba) can also partake in the elections. Here electoral colleges rather than provincial assemblies will elect representatives for the First Chamber.

The Netherlands have 12 provinces and 355 municipalities (on 1 January 2020). In addition there are six overseas entities (Aruba, Bonaire, Curaçao, Sint Maarten, Sint Eustatius and Saba). Aruba, Curaçao and Sint Maarten enjoy extensive autonomy from the Netherlands while still being subject to the Charter for the Kingdom of the Netherlands. Bonaire, Sint Eustatius and Saba on the other hand, have become 'special municipalities' of the Netherlands. Legally, they are “public bodies" and fall under Article 134 of the Constitution rather than Article 123 of the Constitution. Consequently, they do not have the same legal status as municipalities. For instance, there is no regional level above them but they are directly connected to the central level and they are not part of EU territory. Though Dutch municipal legislation applies extensively to these islands, it will never fully apply due to their special status.

Alongside these three levels of government there are water boards (waterschappen) responsible for managing water (including flood control, irrigation and drainage, municipal waste water purification, and water quality). They are the oldest governing bodies of the Netherlands, preceding the central state.

Regarding the key principles of subsidiarity and autonomy, the central level can intervene at any given time at the local and regional level. However, as a general principle, the local and regional levels enjoy autonomy and may act in any way as long as they are in line with national law. The key idea behind the autonomy principle is that it brings decision-making as close as possible to the population and only when needed, should decision-making be brought to a higher level.

Other legislative texts that are important for the functioning of the municipalities and the provinces are the Provinces Act and the Municipalities Act. Here a legal framework is provided for consultation between the Provinces and the Municipalities with the Central Government. Other statutes that regulate different aspects of local and regional democracy are: (a) the Finances Law; (b) the General Administrative Law Act; (c) the Decree on the Legal Status for Council and Committee Members; (d) the BBv Decree (Provinces and Municipalities, budgets and accounts); (e) The law on intergovernmental financial relations (Financiële Verhoudingswet).

In accordance with the study on 'The Rise of Regional Authority: A comparative study of 42 democracies', the degree of sub-state autonomy of the Provinces is 14.5 out of 24.0.[1]

Central level

Generally speaking, the central government are responsible for national issues such as national infrastructure of main roads and railway lines, public health, education, agriculture, price and incomes policy, defence and international policy.

Legislative power in all fields rests with the government and the States-General (Senate and Parliament) which jointly establish legislation. Administrative power rests with the central government, insofar as it is not exercised by the provincial and municipal authorities, which thus complement the work of the national level.

The provinces and municipalities may issue provincial and municipal regulations, as long as they are in compliance with national law.

Regional level

Articles 123 to 136 of the Dutch constitution regulate provinces. Provinces are considered territorial, public legal entities, acting through their own organs. The “organic law" on Provinces is the Provinces Act (Provinciewet)

The representative governing body at the provincial level is the Provincial Council (Provinciale Staten), while the executive body is the Board (College) of the King's Commissioner (Commissaris van de Koning) and the Provincial Aldermen (Gedeputeerde Staten).

Responsibilities exercised by the Provinces include

• Spatial-planning, urban development: the Provincial Assemblies draw up guideline plans for spatial development; the Provincial Executive Council is responsible for endorsing land-use plans.
• Housing: the provinces are responsible for allocating quotas with regard to social housing and they decide on the grants awarded to the municipalities.
• Culture and recreation: the provinces are responsible for the promotion of tourism and culture.
• Transport: the provinces are responsible for the development and maintenance of provincial roads, cycle paths and bridges.
• The environment: the provinces draw up and implement environmental protection plans, monitor compliance with environmental laws on air, soil and water quality. Provincial authorities also clean up pollution, carry out soil remediation, create and maintain nature areas and supervises the regional water authority.
• Employment: the provinces establish investment banks and are responsible for cooperation between the public authorities and business.
• Supervise municipalities: Municipalities must submit their budget and annual accounts to the provincial executives.

Provinces receive income from the national government through the Provincial Fund. They are allowed to collect taxes, limitative described by the Provinces Act.

The national government is in charge of supervision of the provincial authority. A decision of the provincial authority can be annulled or suspended by the Government when decisions are contrary with the law or public interests.

Local level

Article 132 of the Constitution establishes that the organisation of municipalities, and the composition and powers of their administrative organs are regulated by acts of Parliament.

The Municipalities Act (Gemeentewet) sets out the organisation of municipalities.

The Municipal Council (Gemeenteraad or Raad) is the representative body at a municipal level. The Board of Mayor and Aldermen (College van Burgemeester en Wethouders) and the Mayor (Burgemeester) are the executive branch.

Municipalities are responsible for:

• Spatial planning and urban development: the municipalities draw up land-use plans for land within the municipalities and give planning permission.
• Housing: the municipalities build and manage social housing in consultation with housing associations and manage land belonging to the community.
• Public order and safety: the mayors are responsible for public order in the municipalities and have a close working relationship with the police forces. They also issue official documents such as passports, Identity Documents and driving licences.
• Culture and recreation: the municipalities take part in the promotion of tourism and maintain cultural facilities.
• Public works and transport: the municipalities are responsible for the development and maintenance of municipal streets and roads, traffic and parking regulations, provision of public transport and school buses.
• Public health: each municipality has a public health and hygiene department and the municipalities are responsible for the vaccination of children.
• Education: the municipalities manage public primary schools and subsidise all the expenses of private primary schools in their areas.
• Employment: the municipalities are responsible for reintegrating unemployed people back into the labour market and provide for training.
• Welfare: the municipalities are responsible for social welfare and measures to help the unemployed, people with disabilities and the elderly (this includes responsibilities for the Social Support Act 2015).
• Young people: the municipalities establish offices offering support to children and young people in line with the Youth Act 2015 and are responsible for the planning of institutions and programmes providing such support.

Municipalities have a general competence called "open household" which is constitutionally protected. Hence, within their borders, municipalities can make their own by-laws, levy taxes and develop their own policies on any policy area, as long as it does not conflict with "higher law".

[1] Hooghe, L., Marks, G., H. Schakel, A., The Rise of Regional Authority: A Comparative Study of 42 Democracies, Routledge, London, 2010.