Editing Constitution of the Netherlands (section)

====Chapter 7: Provinces, municipalities, water boards and other public bodies====
{{Main|Provincial politics in the Netherlands|Municipal politics in the Netherlands|Water boards (Netherlands)}}
The Netherlands form a [[decentralization|decentralised]] [[unitary state]], meaning that although the state is not a [[federation]], some bodies have an autonomous power of regulation, either based on a territorial division or on a functional division.

Article 123 states that [[provinces of the Netherlands|province]]s and [[municipalities of the Netherlands|municipalities]] can be established and abolished by formal law, hereby indicating the two levels of territorial division. The twelve Dutch provinces still largely coincide with their medieval predecessors, with the exception of [[Flevoland]], and [[North Holland|North]] and [[South Holland]], which were created in 1815 from [[Holland]]; the municipalities have recently been greatly decreased in number. Formal law regulates changes in their boundaries, delegation is allowed (Subarticle 2).

Article 124 states the main principles of decentralisation: provinces and municipalities are competent to regulate and administrate their internal affairs (Subarticle 1), delegation is possible — but only by the provinces and municipalities themselves (Article 128); nevertheless demands, regulated by formal law, can be made by the central government on such regulative and administrative powers; delegation is allowed (Article 124 sub 2). So the lower territorial administrative bodies have on the one hand a relative autonomy — but on the other hand they must work within the national legal framework, loyally implement national government policy and are subject to central control. This is further covered by Article 132: the standard organisation of provinces and municipalities and the composition and competence of their administrative organs is regulated by formal law (Subarticle 1); how they are controlled is regulated by law (Subarticle 2); their decisions shall only be subject to prior supervision in cases determined by law or by force of law (Subarticle 3); their decisions shall only be quashed by Royal Decree and on grounds that they violate the law (in the broadest sense: the ''recht'') or conflict with the public interest (Subarticle 4). Law will in general regulate the kind of provisions to be made if provinces or municipalities fail to meet the demands of Article 124 sub 2 (Subarticle 5). Which taxes may be levied by provinces and municipalities and their financial relationship with the state, are determined by law (Subarticle 6).

Article 125 indicates the main administrative organs of the lower territorial administrative bodies: in the case of the provinces these are the [[States-Provincial]]; the municipalities are administrated by the [[City Council (Netherlands)|municipal councils]]. Their sessions are public, except in cases regulated by formal law; delegation is allowed (Subarticle 1). The sessions of the States-Provincial are presided by the [[Queen's Commissioner|Commissioner of the King]], those of the municipal councils by the [[Burgemeester|mayor]] (Subarticle 3). The Commissioner of the King is also part of the provincial administration as are the [[Gedeputeerde Staten|Deputised States]]; the mayor is also part of the municipal administration, as is the [[College van Burgemeester en Wethouders|College of Mayor and Aldermen]] (Subarticle 2). In this system the administrative organs exert the function of both the executive and legislative (Article 127); however, to form the daily administration they appoint Deputised States (for provinces) or the Colleges of Mayor and Aldermen (municipalities). In 2002 the system underwent a [[Municipal politics in the Netherlands#Dualism|major revision]] the "aldermen" (''[[wethouders]]'') and States Deputised were no longer allowed to be members of the municipal councils or States Provincial respectively. This makes their function designation a misnomer, although the [[etymology]] of the word "wethouder" or "deputised" is no longer commonly understood. The Commissioner of the King and the mayor are officials, appointed by Royal Decree (Article 131). A proposed revision to introduce an elected mayor, recently was rejected by the Senate. The mayor has some legal executive powers of his own, mainly regarding the protection of public order, but these have no direct constitutional basis, they are delegated by the national legislator. Article 126 states, however, that formal law may determine that instructions regarding his office may be given to the Commissioner of the King by the national government. For cases of gross neglect of administrative duty, formal law will regulate the kind of provisions to be made in deviation of Articles 125 and 127 (Article 132, sub 4)

The members of the [[States-Provincial]] and the [[City Council (Netherlands)|municipal council]] are directly elected by their constituents. The conditions of the right to elect and be elected are the same as those regarding the elections of the House of Representatives (Article 129 sub 1). However, formal law may give inhabitants of municipalities, that do not have the Dutch nationality, the right to elect, and be elected in, the municipal council, if they meet the other conditions (Article 130). This right has indeed been given to certain categories of foreign nationals, e.g. all citizens of the [[European Union]]. The elections take place within a system of proportional representation (Article 129 sub 2); the vote is secret and the organisation of the voting is regulated by law (Subarticle 3). The term of the States-Provincial and the municipal council is four years, unless formal law determines otherwise (Subarticle 4) Law determines possible incompatibilities of function, and may determine that family ties, marriage or the commission of acts indicated by such law may lead to a loss of membership (Subarticle 5). E.g. membership of a municipal council is incompatible with that of the [[ministerraad|Council of Ministers]]; a lawyer will lose his membership of a municipal council if he represents his municipality in court. All members vote without mandate (Subarticle 6). This is a reference to the situation under the Republic when the members of the States of a province voted on instruction from the city councils they represented.