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there are no declarations or reporting obligations upon cabinet members during their mandate. The
GET believes that the transparency over financial and business interests of cabinet members (and
political assistants, as appropriate) needs to be considerably enhanced through a regulatory
framework requiring declarations at the beginning of their mandate and at regular interval during
the mandate concerning assets, income, liabilities and other interests. Such declarations should be
made public. In this context, it should also be considered to include financial information of close and
dependent family members, although for privacy purpose the latter information should not
necessarily be made public. GRECO recommends (i) that persons entrusted with top executive
functions be obliged to declare their financial interests publicly on a regular basis; ii) considering
including financial information on spouses and dependent family members in such declarations (it
being understood that the latter information would not necessarily need to be made public) and
(iii) that the declarations be subject to an appropriate review mechanism.

Review mechanisms

101. As already mentioned, the declarations made by candidate members of cabinet during the
formation process are possible to be reviewed by the formateur (future PM) on a confidential basis.
Moreover, the measures taken to prevent conflicts of interest by the individual candidates are made
public. The declarations may also be subject to scrutiny by Parliament.

102. The GET is of the opinion that this system is not sufficient and has recommended that a new
system of declaration of financial interests be accompanied by an appropriate review mechanism,
see paragraph 100.

Accountability and enforcement mechanisms

Criminal proceedings and immunities

103. Ministers and State Secretaries may not be prosecuted or otherwise held liable in law for
anything they say during and in relation to parliamentary proceedings (article 71 of the Constitution).
Ministers and state secretaries do not enjoy general criminal immunity and can in principle be
investigated/prosecuted for any crime.

104. The NPN Internal Investigations Department (Rijksrecherche) investigates offences or
potential misconduct of government. It falls under the authority of the Board of Procurators General
of the Public Prosecution Service. In the previous 10 years the NPN Investigations Department has
conducted no criminal investigation with regard to a minister or a state secretary.

105. Article 119 of the Constitution provides for a special procedure in respect of violations of law
committed by ministers and state secretaries while in office. According to the Act of Ministerial
Responsibility and Malfeasance of Members of Parliament, Ministers and State Secretaries (of 1885)
only a limited range of crimes are covered by “crimes while in office”, including passive bribery and
abuse of office. In such situations, cabinet members can be tried only following a decision either by
Parliament or by the government and such cases are to be tried by the Supreme Court. The GET was
informed that this procedure has never been used.

106. The GET notes that this old law may make it cumbersome to prosecute ministers and state
secretaries in respect of certain crimes committed during the exercise of their duties. Even if the list
of such crimes is limited, it is noted with concern that it includes situations of passive bribery, which
is at the core of the current evaluation. As such, the law could be an obstacle to prosecuting such
offences. The GET understood that there have been attempts to amend the legislation providing for
this special procedure, which appears to be a form of limited immunity. This exceptional procedure is
the current legal framework, but has so far never been put in practice. For this reason a dedicated
commission is reviewing the procedure and its legal basis. The commission will publish its advice at

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