Page 7 - Aanbevelingen om de integriteit

parties to join a government coalition. This process is led by a formateur (normally the leader of the
largest party). The formation process comprises the government programme/policies, the
composition of the cabinet and the division of ministerial portfolios.

21. The GET was informed that prior to the appointment of ministers and state secretaries, the
formateur interviews the cabinet candidates who, by putting themselves forward as candidates,
agree to a procedure during which checks concerning criminal records (convictions), tax and customs
records and intelligence and security records are checked. The results of the vetting exercises are
shared and discussed with the candidates who, in addition, are responsible for raising all relevant
facts and circumstances, including relevant private interests at their own initiative. The minutes of
these meetings and the private interest declarations remain confidential.

22. If successful, the formateur will present a list of ministers and state secretaries to form the
cabinet, who are then to be formally appointed. They are obliged to swear an oath of loyalty to the
King, the Charter and the Constitution. However, this process cannot take place without
parliamentary support and the cabinet and its members can only remain in power as long as they
enjoy confidence by Parliament and the PM. The current government includes 24 ministers and state
secretaries (14 male and 10 female), which provides a balanced participation of men and women in
line with the Committee of Ministers’ Recommendation Rec (2003)3 on balanced participation of
women and men in political and public decision making.

23. According to the Constitution (Article 45), the Council of Ministers considers and decides the
general government policy and ensures its coherence. The Prime Minister chairs the Council of
Ministers and has the final responsibility for the general government policy. However, the
government is a collective body and considerable importance is attached to good coordination and
collegiality, in order to reach consensus and to ensure the unity of government policy (one voice
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position) . While ministers remain largely responsible for their own policy fields, they are involved in
the decisions made on all issues raised.

24. Each ministry is headed by a minister who has political responsibility over public bodies and
persons under their competencies. Overall, they enjoy discretionary powers and authority over such
bodies or persons, except for certain independent institutions, such as the National Electoral Council
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and the Whistleblowers Authority. Moreover there are officers who possess independent powers
pursuant to an Act of Parliament, like tax inspectors and members of the Prosecution Service. They
have powers to impose taxes and are empowered to prosecute without interference of the Minister.
However, these civil servants are still under the authority and responsibility of the Minister. Ministers
without portfolio are also members of the government; however, they do not direct a particular
ministry. Both types of ministers can have their own budget chapters. Ministers are independently
accountable to Parliament and may be dismissed by Parliament.

25. State secretaries are also cabinet members and bear political responsibility for the policy
field entrusted to them by the pertinent minister. The division of responsibilities between ministers
and state secretaries is usually determined during the formation of a cabinet and is then recorded in
a description of tasks. A state secretary can replace his/her minister in the cabinet, without the right
to vote. A state secretary also attends cabinet meetings if the agenda includes a topic for which s/he
is responsible. State secretaries are accountable to Parliament independently. Parliament may
dismiss a state secretary, while the Minister can remain in office. Contrary to that, if Parliament loses
confidence in a minister, the state secretary makes his/her portfolio available. However, the
replacing minister may then ask him/her to accept the same portfolio again.

11 This unity of government policy is an important principle of the Dutch system of government. Ministers and State
Secretaries must speak with one voice. If a Minister or State Secretary has serious objections to one or more elements of
government policy and is not willing to conform to it only the option of voluntary resignation remains.
12 In recent years the Framework Act on Independent Administrative Bodies laid down general rules for these institutions.

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