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it does not, for example, prevent former cabinet members from lobbying in other policy areas of the
same government.

96. The problem relating to “revolving doors” can be dealt with by a range of measures and
there is no best way of addressing the potential risks of conflicts of interest in this respect. However,
the few and limited measures in place in the Netherlands appear insufficient. There is no general
“cooling off” period or restriction on certain types of activity over a period of time, nor is there a
dedicated mechanism from which PTEFs must gain approval or advice in respect of new activities
following government service. Nor is there any particular regulation providing transparency,
oversight and enforcement in this area. It follows that conflicts of interest in situations where PTEFs
(including political assistants, as appropriate) seek new employment in the private sector or where
former PTEFs are to accept such employment following their government service require new and
broader regulation. Therefore, GRECO recommends introducing general rules dealing with post-
employment restrictions before persons entrusted with top executive functions seek new
employment in the private sector and/or are about to enter into such employment after their
termination of functions in the public sector.

Declaration of assets, income, liabilities and interests

Declaration requirements

97. As mentioned above, the Handbook for Ministers and State Secretaries and the letters from
the Prime Minister to the House of Representatives concerning the assessment of candidate
ministers and state secretaries, (dated 2002 and 2013) deal, to some extent, with declarations of
various interests to be made by cabinet candidates during the process of forming a government.
According to these guidelines, cabinet candidates are required to declare problematic interests to
the formateur (future PM). The major responsibility is thus placed on the candidates themselves,
who are expected to identify problematic interests, on the basis of a non-exhaustive list (e.g. paid
and un-paid functions, ancillary positions, holding of shares and business activities etc.), and in case
of conflicting interests they are to find and implement appropriate solutions.

98. The financial and business interests of a partner, adult child and other family members do
not have to be declared. The Dutch reasoning behind this is that today’s society regards people as
independent individuals, who are deemed to be economically independent. The line of what
constitutes relevant financial and business interests, as raised during the formation of a government,
is drawn at the interests over which the candidate minister or state secretary has personal control or
joint control. That dividing line does not alter the fact that ministers or state secretaries are
personally responsible during their term of office for not participating in any decision-making on
matters that involve their partner, children, other family members, business relations, interests,
former interests or previous positions, insofar as participation could run counter to the due and
proper performance of their duties. However, they are not obliged to report such situations as they
occur, see paragraph 78.

99. The interview during the formation is based on trust, as the formateur can only broadly
assess the reported problems and the appropriateness of proposed solutions. There are no formal
mechanisms to check how the solutions are implemented in practice. The interaction between the
formateur and candidate is strictly confidential. No public statements may be made regarding the
content of the interview. The sole exception to this rule is the letter at the start of a government’s
term of office in which the Prime Minister indicates which arrangements have been made by
ministers and state secretaries concerning incompatible financial and business interests and which
secondary positions are being maintained, which is public.

100. Although future ministers and state secretaries are to report conflicting interests during the
formation of a new government, this exercise stands largely behind closed doors. More importantly,

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