Page 18 - Aanbevelingen om de integriteit

Prohibition or restriction of certain activities

Incompatibilities, outside activities and financial interest

79. Ministers and state secretaries cannot have a seat in Parliament because of a constitutional
ban (Article 57, paragraph two, of the Constitution). Nonetheless a minister or state secretary who
has vacated office and is thus waiting for his/her discharge as minister or state secretary, may
combine this with a position as an MP until a decision is made on his/her vacating office. This means
that ministers and state secretaries can only form part of Parliament temporarily after an election
during the period of a caretaker government. However, they do not receive any remuneration as
MPs and it is an unwritten rule they will only make very limited use of their mandate as MPs in such
situations.

80. According to the Handbook for Ministers and State Secretaries, during the interview between
the formateur (future PM) and the candidate ministers/ state secretaries, the formateur will inform
the candidates that s/he must resign from all paid and unpaid positions, secondary positions and any
secondary activities before the government is sworn in. The GET was informed that secondary
positions and secondary activities are to be interpreted as broadly as possible for this purpose and
thus include volunteer positions in clubs or associations, part-time professorships, editorial posts and
memberships of committees etc. Continuing in a ‘dormant’ role by means of a zero-hour contract is
not permitted either. However, the sole membership of an association (thus not in an administrative
position) does not fall under this rule.

81. If a candidate nevertheless believes there is good reason to continue in a certain position, for
a fixed period or otherwise, this will be possible only with the formateur’s or Prime Minister’s
express consent, in highly exceptional cases.

82. In relation to financial and business interests of cabinet members, any appearance of
subjective decision-making must also be avoided. This is not limited only to the policy area for which
a minister or state secretary is directly responsible. The formation interview systematically looks at
whether the candidate has any controlling rights in relation to relevant financial or business
interests. Where applicable, candidates must either fully dispose of these interests or enter into an
arrangement by which they cannot, and will not, exercise their controlling rights during their period
of office.

83. The Handbook for Ministers and State Secretaries details, in a non-exhaustive manner, which
financial and business interests present or do not present risks of an actual or apparent conflict of
interests. It also provides guidance on accepted problem-solving approaches; it is considered that
there is no risk of an actual or apparent conflict of interests in the following circumstances: the
holding of liquid assets; movables and immovable property that are not commercially operated;
movables and immovable property that are commercially operated without the candidate having any
influence over management and operations; bonds; shares in public investment funds (unless
holders have special powers for financial markets; non-risk-bearing participating interests in
undertakings; options on shares that can be exercised only after the term of office; shares in
undertakings in relation to an investment mortgage over immovable property.

84. However, it is stated in the Handbook that there is an actual or apparent conflict of interest
in the following circumstances: the holding of shares or risk-bearing participating
interests/investments in individual listed and non-listed undertakings, insofar as the cumulative value
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thereof when the position is accepted exceeds €25,000 ; shares in public investment funds held by

27 This threshold applies because the risk of such a relatively small amount in shares or participating interests influencing
how Ministers or State Secretaries form their opinion is deemed to be negligible. Requiring the candidate to still dispose of,

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