The Constitution of the Kingdom of the Netherlands

Chapter 6 The administration of justice

Article 112 Responsibility of the judiciary

- 1. The adjudication of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.

- 2. Responsibility for the adjudication of disputes which do not arise from matters of civil law may be granted by Act of Parliament either to the judiciary or to courts that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.

Article 113 Trial of offences, disciplinary proceedings and martial law

- 1. The trial of offences shall also be the responsibility of the judiciary.

- 2. Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.

- 3. A sentence entailing deprivation of liberty may be imposed only by the judiciary.

- 4. Different rules may be established by Act of Parliament for the trial of cases outside the Netherlands and for martial law.

Article 114 No capital punishment

Capital punishment may not be imposed.

Article 115 Appeal to a higher administrative authority

Appeal to a higher administrative authority shall be admissible in the case of the disputes referred to in Article 112, paragraph 2.

Article 116 Organisation, composition and powers of the judiciary

- 1. The courts which form part of the judiciary shall be specified by Act of Parliament.

- 2. The organisation, composition and powers of the judiciary shall be regulated by Act of Parliament.

- 3. In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.

- 4. The supervision by members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament.

Article 117 Appointment, suspension and dismissal of judges

- 1. Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Royal Decree.

- 2. Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.

- 3. In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.

- 4. Their legal status shall in other respects be regulated by Act of Parliament.

Article 118 Members of the Supreme Court

- 1. The members of the Supreme Court of the Netherlands shall be appointed from a list of three persons drawn up by the Lower House of the States General.

- 2. In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgments which infringe the law (cassation).

- 3. Additional duties may be assigned to the Supreme Court by Act of Parliament.

Article 119 Offences committed by Ministers and members of Parliament while in office

Present and former members of the States General, Ministers and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted by Royal Decree or by a resolution of the Lower House.

Article 120 The courts may not examine if a statutory provision is in conformity with the Constitution

The constitutionality of Acts of Parliament and Treaties shall not be reviewed by the courts.

Article 121 Trials are accessible for the public and duty to substantiate judicial decisions

Except in cases laid down by Act of Parliament, trials shall be held in public and judgments shall specify the grounds on which they are based. Judgments shall be pronounced in public.

Article 122 Pardons

- 1. Pardons shall be granted by Royal Decree upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.

- 2. Amnesty shall be granted by or pursuant to Act of Parliament. [prior Chapter] [ next Chapter