Kingdom of the Netherlands

The Kingdom of the Netherlands (Dutch: Koninkrijk der Nederlanden; pronounced [ˈkoːnɪŋkrɛiɡ dɛr ˈneːdərlɑndə(n)] (listen)),[lower-alpha 7] commonly known as the Netherlands,[lower-alpha 8] is a sovereign state and constitutional monarchy with the large majority of its territory in Western Europe and with several small West Indian island territories in the Caribbean (in the Leeward Islands and Leeward Antilles groups).

This article is about the sovereign state. For the constituent country with the same name, see Netherlands. For other uses, see Netherlands (disambiguation).

Kingdom of the Netherlands

Koninkrijk der Nederlanden  (Dutch)
Motto: "Je maintiendrai"  (French)[lower-alpha 1]
"Ik zal handhaven"  (Dutch)
"I will uphold"
Anthem: "Wilhelmus"  (Dutch)
"'William"
Map of the four consitituent countries shown to scale
Capital
and largest city
Amsterdam[lower-alpha 2]
52°22′N 4°53′E
Government seatThe Hague[lower-alpha 2]
Official languagesDutch[lower-alpha 3]
Official regional languages[lower-alpha 3]
Recognised languages[lower-alpha 3]
Demonym(s)Dutch
Countries (non‑sovereign parts)
GovernmentSemi-federal parliamentary constitutional monarchy
• Monarch
Willem-Alexander
Mark Rutte
Guillfred Besaril
Anthony Begina
Jorien Wuite
Independence from Spanish Netherlands
26 July 1581 (Declared)
30 January 1648 (Recognised)
19 January 1795
5 June 1806
• Annexation by First French Empire
1 July 1810
16 March 1815
• Secession of Belgium
4 October 1830 (Declared)
19 April 1839 (Recognised)
15 December 1954
Area
• Total
42,531[7] km2 (16,421 sq mi) (131th)
• Water (%)
18.96
Population
• 1 November 2019 estimate
17,737,438 [8] (64th)
• Density
515/km2 (1,333.8/sq mi)
Currency
Time zoneUTC-4 (CET (UTC+1)
AST)
• Summer (DST)
UTC-4 (CEST (UTC+2)
AST)
Date formatdd-mm-yyyy
Driving sideright
Calling code
ISO 3166 codeNL
Internet TLD

The four parts of the kingdom—the Netherlands, Aruba, Curaçao and Sint Maarten—are constituent countries (landen in Dutch) and participate on a basis of equality as partners in the Kingdom.[9] In practice, however, most of the Kingdom's affairs are administered by the Netherlands—which comprises roughly 98% of the Kingdom's land area and population—on behalf of the entire Kingdom. Consequently, Aruba, Curaçao, and Sint Maarten are dependent on the Netherlands for matters like foreign policy and defence, but are autonomous to a certain degree, with their own parliaments.

The vast majority in land area of the constituent country of the Netherlands is in Europe, while its three special municipalities (Bonaire, Saba, and Sint Eustatius) are located in the Caribbean, as are the other three constituent countries. The kingdom has a population of 17,737,438 as of November 2019.[8]

History
Main article: History of the Netherlands

The Kingdom of the Netherlands originated in the aftermath of French Emperor Napoleon I's defeat in 1815. In that year the Netherlands regained its independence from France under its First French Empire, which had annexed its northern neighbour in 1810, as the Sovereign Principality of the United Netherlands. The great powers of Europe, united against Napoleonic France, had decided in the secret treaty of the London Protocol to establish a single state in the territories that were previously the Dutch Republic/Batavian Republic/Kingdom of Holland, the Austrian Netherlands and the Prince-Bishopric of Liège, awarding rule over this to William, Prince of Orange and Nassau, although the southern territories remained under Prussian (German) rule until Napoleon's return from his first exile on Elba ("Hundred Days").

In March 1815, amidst the turmoil of the Hundred Days, the Sovereign Prince William of Orange and Nassau adopted the style of "King of the Netherlands". Following Napoleon's second defeat at the Battle of Waterloo in June 1815, the Vienna Congress supplied international recognition of William's unilateral move.[10] The new King of the Netherlands was also made Grand Duke of Luxembourg, a part of the Kingdom that was, at the same time, a member state of the German Confederation.

Belgium and Luxembourg independent

In 1830, Belgium seceded from the Kingdom, a step that was recognised by the Netherlands only in 1839 in the Treaty of London. At that point, Luxembourg became a fully independent country in a personal union with the Netherlands. Luxembourg also lost more than half of its territory to Belgium. To compensate the German Confederation for that loss, the remainder of the Dutch province of Limburg received the same status that Luxembourg had enjoyed before, as a Dutch province that at the same time formed a Duchy of the German Confederation. That status was reversed when the German Confederation ceased to exist in 1867 (briefly replaced by the Prussian-led North German Confederation until the proclamation of a unified German Empire in 1871), with Limburg reverting to its status as an ordinary Dutch province.

Decolonisation

The Kingdom's 1954 administrative reform was sparked by the 1931 Statute of Westminster and the 1941 Atlantic Charter (stating ″the right of all peoples to choose the form of government under which they will live, and the desire for a permanent system of general security″), which was signed by the Netherlands on 1 January 1942. Changes were proposed in the 7 December 1942 radio speech by Queen Wilhelmina. In this speech, the Queen, on behalf of the Dutch government in exile in London, expressed a desire to review the relations between the Netherlands and its colonies after the end of the war. After liberation, the government would call a conference to agree on a settlement in which the overseas territories could participate in the administration of the Kingdom on the basis of equality. Initially, this speech had propaganda purposes; the Dutch government had the Dutch East Indies (now Indonesia) in mind, and hoped to appease public opinion in the United States, which had become skeptical towards colonialism.[11]

With Indonesia's independence, a federal constitution was considered too heavy as the economies of Suriname and the Netherlands Antilles were insignificant compared to that of the Netherlands. By the Charter for the Kingdom of the Netherlands, as enacted in 1954, a composite state was created (also known as the "Tripartite Kingdom of the Netherlands"), consisting of the Netherlands (mainland), Suriname and the Netherlands Antilles. Under the provisions of the Charter, both former colonies were granted internal autonomy. Suriname and the Netherlands Antilles each got a Minister Plenipotentiary based in the Netherlands, who had the right to participate in Dutch cabinet meetings that discussed affairs of the Kingdom as a whole when they pertained directly to Suriname or the Netherlands Antilles. Delegates of Suriname and the Netherlands Antilles could participate in sessions of the First and Second Chamber of the States General. An overseas member could be added to the Council of State when appropriate. According to the Charter, Suriname and the Netherlands Antilles could each alter its "Basic Law" (Staatsregeling). The right of the two autonomous countries to leave the Kingdom, unilaterally, was not recognised; yet it also stipulated that the Charter could be dissolved by mutual consultation.[11]

Before the Charter for the Kingdom of the Netherlands was proclaimed in 1954, Suriname, Netherlands New Guinea, and the Netherlands Antilles, (formerly, Kolonie Curaçao en Onderhorige Eilanden, "Colony of Curaçao and subordinates") were colonies of the Netherlands.

Suriname was a constituent country within the Kingdom from 1954 to 1975, while the Netherlands Antilles was a constituent country from 1954 until 2010. Suriname has since become an independent republic, and the Netherlands Antilles was divided into six. Three are constituent countries: Aruba (since 1986), Curaçao and Sint Maarten (since 2010); three are special municipalities of the Netherlands proper: Bonaire, Sint Eustatius and Saba. Netherlands New Guinea was a dependent territory of the Kingdom until 1962, but was not an autonomous country, and was not mentioned in the Charter.

In 1955, Queen Juliana and Prince Bernhard visited Suriname and the Netherlands Antilles. The visit was a great success. The royal couple were welcomed enthusiastically by the local population, and the trip was widely reported in the Dutch press. Several other royal visits were to follow.[12]

In 1969, an unorganised strike on the Antillean island of Curaçao resulted in serious disturbances and looting, during which a part of the historic city centre of Willemstad was destroyed by fire. Order was restored by Dutch marines. In the same year, Suriname saw serious political instability with the Surinamese prime minister, Jopie Pengel, threatening to request military support to break a teachers' strike.

In 1973, a new Dutch cabinet under Labour leader Joop den Uyl assumed power. In the government policy statement, the cabinet declared a wish to determine a date for the independence of Suriname and the Netherlands Antilles with the governments of those nations. The Antillean government was non-committal; the same held for the Surinamese Sedney cabinet (1969–1973). Suriname's 1973 elections brought the National Party Combination (Nationale Partij Kombinatie) to power, with Henck Arron as prime minister. The new government declared that Suriname would be independent before 1976. This was remarkable, as independence had not been an issue during the election campaign. The Den Uyl government in The Hague now had a willing partner in Paramaribo to realise its plans for Surinamese independence. Despite vehement and emotional resistance by the Surinamese opposition, Den Uyl and Arron reached an agreement, and, on 25 November 1975, Suriname became independent.[13]

In January 1986, Aruba seceded from the Netherlands Antilles, becoming a constituent country of the Kingdom in its own right. In October 2010, the Netherlands Antilles was dissolved and Curaçao and Sint Maarten became the newest constituent countries of the Kingdom of the Netherlands.

Modern events

The Kingdom celebrated its bicentennial in a series of festive occasions spanning from 2013 to 2015, the last being the year of the actual 200th anniversary of the Kingdom.[14][15]

Constituent countries

The Kingdom of the Netherlands currently consists of four constituent countries: the Netherlands, Aruba, Curaçao, and Sint Maarten. Note that there is a difference between the Kingdom of the Netherlands and the Netherlands: the Kingdom of the Netherlands is the comprehensive sovereign state, while the Netherlands is one of its four countries. Three Caribbean islands (Aruba, Curaçao, and Sint Maarten) are the three remaining constituent countries. Three other Caribbean islands (Bonaire, Sint Eustatius, and Saba) are special municipalities within the country of the Netherlands. Until its dissolution in 2010, the islands had formed the Netherlands Antilles, with the exception of Aruba, which left the grouping in 1986.

Constituent countries of the Kingdom of the Netherlands
Country Population[8]
(as of November 2019)		 Percentage of
Kingdom's population		 Area[7][16] Percentage of
Kingdom's area		 Population density
  Subdivision
 Netherlands[lower-alpha 9] 17,424,97898.24%41,873 km2 (16,167 sq mi)98.45%516/km2 (1,340/sq mi)
   European provinces 17,399,82198.10%41,545 km2 (16,041 sq mi)97.68%521/km2 (1,350/sq mi)
 Bonaire †‡ 20,1040.11%294 km2 (114 sq mi)0.69%69/km2 (180/sq mi)
 Sint Eustatius †‡ 3,1380.02%21 km2 (8.1 sq mi)0.05%150/km2 (390/sq mi)
 Saba †‡ 1,9150.01%13 km2 (5.0 sq mi)0.03%148/km2 (380/sq mi)
 Aruba † 112,3090.63%180 km2 (69 sq mi)0.42%624/km2 (1,620/sq mi)
 Curaçao † 158,6650.89%444 km2 (171 sq mi)1.04%358/km2 (930/sq mi)
 Sint Maarten † 41,4860.23%34 km2 (13 sq mi)0.08%1,221/km2 (3,160/sq mi)
 Kingdom of the Netherlands 17,737,438 100.00% 42,531 km2 (16,421 sq mi) 100.00% 515/km2 (1,330/sq mi)
† Formed part of the former Netherlands Antilles.
‡ Forms part of the Caribbean Netherlands.

Netherlands
Tree structure of subdivisions of the Kingdom of the Netherlands, showing the geographic location of its four constituent countries

The Netherlands is a representative parliamentary democracy organised as a unitary state. Its administration consists of the Monarch and the Council of Ministers, which is headed by a Prime Minister (currently Mark Rutte). The people are represented by the States General of the Netherlands, which consists of a House of Representatives and a Senate. The Netherlands is divided into 12 provinces: Drenthe, Flevoland, Friesland, Gelderland, Groningen, Limburg, Noord-Brabant, Noord-Holland, Overijssel, Utrecht, Zeeland, and Zuid-Holland. The provinces are divided into municipalities. The Netherlands has the euro as its currency, except in the special municipalities of the Caribbean Netherlands (BES islands), where the Netherlands Antillean guilder was replaced by the U.S. dollar in 2011.[17]

Bonaire, Sint Eustatius, and Saba

The special municipalities of Bonaire, Sint Eustatius, and Saba (referred to as Caribbean Netherlands or BES islands) are part of the Netherlands proper but are not part of any province.[18] They resemble ordinary Dutch municipalities in most ways (with a mayor, aldermen, and a municipal council, for example) and are subject to the ordinary Dutch legislative process. Residents of these three islands are also able to vote in Dutch national and European elections. There are, however, some derogations for these islands. Social security, for example, is not on the same level as it is in the Netherlands proper. In November 2008 it was decided to introduce the U.S. dollar in the three islands.[19] The date of introduction was 1 January 2011. The Netherlands carries the risk of exchange rate fluctuations regarding cash flows between the state and the islands.

Aruba

Aruba, with its own constitution, is a representative parliamentary democracy organised as a unitary state. Its administration consists of the Governor, who represents the Monarch, and the (Aruban) Council of Ministers, headed by a Prime Minister. The sovereign people of Aruba are represented by 21 parliamentarians in the Parliament of Aruba. The Governor of Aruba is Alfonso Boekhoudt, and the Prime Minister is Evelyn Wever-Croes. It has its own Central Bank and currency, the Aruban florin, linked to the U.S. dollar; the U.S. dollar is accepted almost everywhere on the island. Aruba has two official languages: its own national language Papiamento and the Kingdom of the Netherlands' Dutch language.[20]

Curaçao
Historic Area of Willemstad, declared a World Heritage Site by UNESCO in 1997

Curaçao is a centralised unitary state, with similar administrative characteristics to Aruba. It has the Netherlands Antillean guilder as its currency.

Sint Maarten

Sint Maarten is a centralised unitary state, with similar administrative characteristics to Aruba. It has the Antillean Guilder as its currency. Unlike the other Dutch Caribbean countries and special municipalities, Sint Maarten covers only part of an island. It consists of roughly the southern half of the divided island of Saint Martin. The northern half of the island is the French Collectivity of Saint Martin.

Institutions

Charter and constitutions

Aruba, Curaçao, and Sint Maarten regulate the governance of their respective countries, but are subordinate to the Charter for the Kingdom of the Netherlands. The Netherlands is ruled by the provisions and institutions of the Constitution for the Kingdom of the Netherlands that also constitutes and regulates the institutions of the Kingdom that are mentioned in the Charter. The Constitution is also subordinate to the Charter. The provisions in the Charter for some of these institutions are additional and are applicable only for those affairs of the Kingdom, as described in the Charter, when they affect Aruba, Curaçao, or Sint Maarten directly. In cases where affairs of the Kingdom do not affect Aruba, Curaçao, or Sint Maarten, they are dealt with according to the provisions laid down in the Constitution. In these cases the Netherlands, the jurisdiction ruled directly by the Constitution for the Kingdom of the Netherlands, acts alone, according to its constitution and in its capacity as the Kingdom of the Netherlands. The other three countries cannot do the same for affairs of the Kingdom that only pertain to them and not to the Netherlands proper. In these cases, the provisions of the Charter prevail.

Changes in the Charter for the Kingdom of the Netherlands can only be made when all constituent countries agree.

Government
King Willem-Alexander of the Netherlands, the reigning monarch of the Kingdom of the Netherlands. At the time this picture was taken he was still the Prince of Orange.

The Monarch and the ministers he appoints form the Government of the Kingdom. According to Article 7 of the Charter, the Council of Ministers of the Kingdom of the Netherlands consists of the Council of Ministers of the Netherlands complemented by one Minister Plenipotentiary of Aruba, one Minister Plenipotentiary of Curaçao, and one Minister Plenipotentiary of Sint Maarten.[21] The Dutch Prime Minister chairs the Council of Ministers of the Kingdom.[22]

In December 2007, a Deputy Council for Kingdom Relations was established.[23][24] This deputy council prepares the meetings of the Council of Ministers of the Kingdom. The establishment of such a Council has long been advocated by the Council of State of the Kingdom.[25]

The Government and the Council of Ministers of the Kingdom, along with the monarchy itself, are subject to Article 5 of the Charter that refers their regulation mainly to the Constitution for the Kingdom of the Netherlands as far as the Charter for the Kingdom of the Netherlands does not provide for that.

Two legal instruments are available at the Kingdom level: the Kingdom act (Dutch: Rijkswet) and the Order-in-Council for the Kingdom (Dutch: Algemene maatregel van Rijksbestuur). An example of a Kingdom act is the "Kingdom Act regarding Dutch citizenship" (Dutch: Rijkswet op het Nederlanderschap).

The Monarch of the Netherlands is the head of state of the Kingdom. The Monarch is represented in Aruba, Curaçao, and Sint Maarten by a governor.

Legislature

The legislature of the Kingdom consists of the States General of the Netherlands and the Government. Articles 14, 16 and 17 of the Charter give some participation to the parliaments of the Aruba, Curaçao, and Sint Maarten.

Council of State

Article 13 of the Charter specifies that there is a Council of State of the Kingdom. It is (as all institutions of the Kingdom) regulated in the Constitution, but the Charter implies that at the request of Aruba, Curaçao, or Sint Maarten, a member from each of these islands can be included in the Council of State.[21] Aruba is currently exercising this right.[22] This has not always been the case; the Netherlands Antilles had no member until 1987 and Aruba had none until 2000.[26] Sint Maarten's first member of the Council of State will be former Lieutenant Governor Dennis Richardson.[27]

Judiciary

The Hoge Raad der Nederlanden is the supreme court of the Kingdom by virtue of the Cassation regulation for the Netherlands Antilles and Aruba.[28] The basis for this regulation is article 23 of the Charter. The second paragraph of that article specifies that if an overseas country of the Kingdom so requests, the Kingdom Act should provide for an additional court member from that country.[21] To date, neither Aruba, Curaçao, nor Sint Maarten has used this right.

According to Article 39 of the Charter, "civil and commercial law, the law of civil procedure, criminal law, the law of criminal procedure, copyright, industrial property, the office of notary, and provisions concerning weights and measures shall be regulated as far as possible in a similar manner in the Netherlands, Aruba, Curaçao and Sint Maarten". The Article further stipulates that when a drastic amendment of the existing legislation in regard to these matters is proposed, the proposal shall not be submitted to or considered by a representative assembly until the Governments in the other countries have had the opportunity to express their views on the matter.[21]

Mutual arbitration between the constituent countries and the Kingdom

In case of a conflict between a constituent country and the Kingdom, Article 12 of the Charter prescribes an administrative reconciliation procedure. This was often deemed a democratic deficit of the Kingdom, leading to the adoption of an amendment to the Charter, which entered into force on 10 October 2010. The new Article 12a specifies that in addition to the administrative reconciliation procedure, "by Kingdom Act measures shall be made allowing for the arbitration of certain conflicts, as specified by Kingdom Act, between the Kingdom and the countries."[21] The imperative formulation was the result of an amendment in the Chamber of Representatives by special delegates Evelyna Wever-Croes and J.E. Thijsen of Aruba; the original formulation was "by Kingdom Act measures can be made".[29]

The new Article 38a allows for measures to be made for arbitration between countries as well. In contrast with Article 12a, this article is not imperatively formulated.[21]

Kingdom affairs

Article 3 of the Charter specifies the Affairs of the Kingdom:

  • Maintenance of the independence and the defence of the Kingdom;
  • Foreign relations;
  • Netherlands nationality;
  • Regulation of the orders of chivalry, the flag and the coat of arms of the Kingdom;
  • Regulation of the nationality of vessels and the standards required for the safety and navigation of seagoing vessels flying the flag of the Kingdom, with the exception of sailing ships;
  • Supervision of the general rules governing the admission and expulsion of Netherlands nationals;
  • General conditions for the admission and expulsion of aliens;
  • Extradition.

One additional Kingdom affair is specified in article 43(2):

  • The safeguarding of fundamental human rights and freedoms, legal certainty and good governance shall be a Kingdom affair.

Paragraph 2 of Article 3 specifies that "other matters may be declared to be Kingdom affairs in consultation".[21]

These Kingdom affairs are only taken care of by the Council of Ministers of the Kingdom of the Netherlands, if the affair affects Aruba, Curaçao or St. Maarten. Article 14, paragraph 3, of the Charter, foresees the handling of Kingdom affairs in all other cases by the Netherlands.[21]

On the basis of Article 38, the countries of the Kingdom can decide to adopt a Kingdom Act outside of the scope of the aforementioned Kingdom affairs. Such acts are referred to as Consensus Kingdom Acts, as they require the consent of the parliaments of Aruba, Curaçao and St. Maarten.[21]

Foreign relations

The Kingdom negotiates and concludes international treaties and agreements. Those that do not affect Aruba, Curaçao, or Sint Maarten directly are dealt with by the provisions of the Constitution (in fact by the Netherlands alone). Article 24 of the Charter specifies that when an international treaty or agreement affects Aruba, Curaçao, or Sint Maarten, the treaty or agreement concerned shall be submitted to their representative assemblies. The article further specifies that when such a treaty or agreement is submitted for the tacit approval of the States General of the Netherlands (Dutch: Staten-Generaal der Nederlanden), the Ministers Plenipotentiary may communicate their wish that the treaty or agreement concerned shall be subject to the express approval of the States General.[21]

Article 25 gives Aruba, Curaçao, and Sint Maarten the opportunity to opt out from an international treaty or agreement.[21] The treaty or agreement concerned then has to specify that the treaty or agreement does not apply to Aruba, Curaçao, or Sint Maarten.

Article 26 specifies that when Aruba, Curaçao, or Sint Maarten communicate their wish for the conclusion of an international economic or financial agreement that applies solely to the country concerned, the Government of the Kingdom shall assist in the conclusion of such an agreement, unless this would be inconsistent with the country's ties with the Kingdom.[21]

Article 27 specifies the involvement of Aruba, Curaçao, and Sint Maarten in the preparations for a treaty or agreement that affects them and Article 28 specifies that Aruba, Curaçao, or Sint Maarten may, if they so desire, accede to membership of international organisations.[21]

Among other affiliations, the state is also a founding member of NATO, OECD and WTO.

Constitutional nature

Most scholars agree that it is difficult to group the constitutional arrangements of the Kingdom in one of the traditional models of state organisation, and consider the Kingdom to be a sui generis arrangement.[26][30] Instead, the Kingdom is said to have characteristics of a federal state, a confederation, a federacy, and a devolved unitary state.

The Kingdom's federal characteristics include the delineation of Kingdom affairs in the Charter, the enumeration of the constituting parts of the Kingdom in the Charter, the fact that the Charter subordinates the law of the constituting countries to the law of the Kingdom, the establishment of Kingdom institutions in the Charter, and the fact that the Kingdom has its own legislative instruments: the Kingdom act and the Order-in-Council for the Kingdom.

Its confederal characteristics include the fact that the Charter can only be amended by consensus among the constituent countries; in most ordinary federations, the federal institutions themselves can change the constitution.[26]

Characteristics that point more or less to a federacy include the fact that the functioning of the institutions of the Kingdom is governed by the Constitution of the Netherlands where the Charter does not provide for them. The Charter also does not provide a procedure for the enactment of Kingdom acts; articles 81 to 88 of the Constitution of the Netherlands also apply for Kingdom acts, but with some additions and corrections stipulated in articles 15 to 22 of the Charter. The only Kingdom institution that requires the participation of the Caribbean countries in a mandatory way is the Council of Ministers of the Kingdom; both the Supreme Court and the Council of State of the Kingdom only include Caribbean members if one or more Caribbean countries ask for it, and the Caribbean countries are almost completely excluded from participating in the Kingdom's legislature. They can, however, participate in the drafting of a Kingdom act and their Ministers Plenipotentiary can oppose a Kingdom act otherwise supported by the Kingdom government in front of the Kingdom's parliament. Furthermore, according to article 15 of the Charter, the Ministers Plenipotentiary can request the Kingdom parliament to introduce a draft Kingdom act.[26] Last, but not least, the Netherlands can, according to article 14 of the Charter, conduct Kingdom affairs on its own if conducting such affairs does not affect Aruba, Curaçao, or Sint Maarten. Aruba, Curaçao, and Sint Maarten do not have this right.[26]

A characteristic that points to a devolved unitary state is the ability of the Kingdom government, according to article 50 of the Charter, to render a legislative or administrative measure of one of the Caribbean countries void if it is inconsistent with the Charter, an international agreement, a Kingdom act, an Order-in-Council for the Kingdom, or if it regulates an otherwise Kingdom affair.[26]

The constitutional structure of the Kingdom is summarised by constitutional scholar C. Borman, in an often-cited definition, as follows:

a voluntary association of autonomous countries in a sovereign Kingdom that is placed above them, in which the institutions of the Kingdom largely coincide with the institutions of the largest country, in which on the level of the Kingdom only a few affairs are governed, and in which from the level of the Kingdom a limited influence can be exerted on the smaller countries.[31]

Constitutional scholar C. A. J. M. Kortmann speaks of an "association of countries that has characteristics of a federation, yet one of its own kind."[32] Belinfante and De Reede do speak about a "federal association" without any reservations.[33]

Comparisons

Despite being of a sui generis constitutional nature, some other states have similar properties. In particular, the Kingdom of Denmark consists of Denmark, Greenland, and the Faroe Islands; the Realm of New Zealand consists of New Zealand, the Cook Islands, Niue, Tokelau, and the Ross Dependency. These comparisons are not exact; for instance, aside from the Queen of New Zealand, there is no constitutional structure shared between New Zealand, the Cook Islands, and Niue.

Other states also have multiple territories, but such territories are distinct. Some states, such as the United Kingdom and its overseas territories, as well as the United States and its insular areas, do not consider their external territories as integral parts of the state.

Other states, such as the Commonwealth of Australia, do treat their external territories as integral components, but have only one country/nationality level equivalent to the state.

Relationship with the European Union

The Kingdom of the Netherlands is a founding member state of the European Union. Although originally both Suriname and the Netherlands Antilles were explicitly excluded from association with the European Economic Community by means of a special protocol attached to the Treaty of Rome,[34] the status of Suriname as an overseas country (OCT) of the Community was established by a Supplementary Act completing the instrument of ratification of the Kingdom of the Netherlands on 1 September 1962.[35] The Convention on the association of the Netherlands Antilles with the European Economic Community entered into force on 1 October 1964, signalling the attainment of OCT status by the Netherlands Antilles. Suriname is now an independent republic and a sovereign country, outside the EU. The Antilles have been dissolved.

The Caribbean islands, including the BES islands that are part of the Netherlands proper, are OCTs. Since citizenship is a Kingdom affair, and is thus not distinguished for the four countries, citizens from all four countries are also citizens of the European Union. However, these territories are not part of the European Union.[36]

Constitutional reform of the Netherlands Antilles
Main article: Dissolution of the Netherlands Antilles

In 2004, a joint commission proposed major reforms for the Netherlands Antilles. On 11 October and 2 November 2006, agreements were signed between the Dutch government and the governments of each island that would put into effect the commission's findings by 15 December 2008.[37] The reform took effect on 10 October 2010. Under these reforms, the Netherlands Antilles were dissolved and Curaçao and Sint Maarten became constituent countries within the Kingdom of the Netherlands, obtaining the same status as Aruba which seceded from the Netherlands Antilles in 1986.

The BES islands (i.e., Bonaire, Saba, and Sint Eustatius) became direct parts of the Netherlands, which is itself the major constituent country of the Kingdom. As special municipalities, they were constituted as "public bodies" (Dutch: openbare lichamen) under the Constitution for the Kingdom of the Netherlands. These municipalities resemble ordinary Dutch municipalities in most ways (e.g., they have mayors, aldermen, and municipal councils) and the laws of the Netherlands would operate in them. As a transitional measure, however, only Netherlands law necessary to function within its legal system took immediate effect when the BES islands joined the Netherlands on 10 October 2010, while most laws of the Netherlands Antilles remained in force. Since that date, Dutch legislation slowly replaced Netherlands Antilles laws. Nevertheless, some derogations exist: e.g., social security is not at the same level as in the European part of the Netherlands, and the islands’ currency is the U.S. dollar, not the euro.[38]

The special municipalities will be represented in the affairs of the Kingdom by the Netherlands, as they vote for the Dutch parliament. The Dutch Senate is chosen by provincial councils; however, as the BES islands are not part of any province, each elects an electoral college who then choose the Senators similarly to the provincial councils.[38]

The Netherlands has proposed to conducted a study on the BES islands acquiring the European Union status of Outermost Regions (OMR), also called Ultra Peripheral Regions (UPR). The study would also look into how the islands would fare under UPR status.[38]

Distinction between the Netherlands and the Kingdom

Outside the Kingdom of the Netherlands, "Netherlands" is used as the English short-form name to describe the Kingdom of the Netherlands. At the United Nations, for example, the Kingdom is identified in the General Assembly by its English short-form name "Netherlands", whereas the English long-form name "Kingdom of the Netherlands" may be used in place of the name "Netherlands" in formal UN documentation. International treaties, also, frequently shorten "Kingdom of the Netherlands" to "Netherlands". The Dutch name that is commonly used is Nederland, which is a singular form, whereas the official Dutch name Koninkrijk der Nederlanden like the English "(Kingdom of the) Netherlands", uses the plural form. In Dutch practice, however, "Kingdom of the Netherlands" is shortened to "Kingdom" and not to "Netherlands", as the latter name could be confused with the Kingdom's principal constituent country rather than with the Kingdom in its Charter capacity.[lower-alpha 10] The Charter for the Kingdom of the Netherlands also shortens "Kingdom of the Netherlands" to "Kingdom" rather than to "Netherlands".[21]

Apart from the fact that referring to the Kingdom of the Netherlands as the "Netherlands" can be confusing, the term "Kingdom" is also used to prevent any feelings of ill will that could be associated with the use of the term "Netherlands." The use of the term "Netherlands" for the Kingdom as a whole might imply that Aruba, Curaçao, and Sint Maarten are not equal to the Kingdom's country in Europe and that the three island countries have no say in affairs pertaining to the Kingdom but are instead subordinate to the European country. Though the influence of the islands in Kingdom affairs is limited, it certainly exists.

Talking about the negotiation tactics of then Minister for Kingdom Affairs Alexander Pechtold, ChristenUnie leader, and then demissionair Deputy Prime Minister of the Netherlands André Rouvoet illustrated the sensitivity in this matter by remarking in the House of Representatives that "[...] the old reproof that constantly characterised the relationship between the Netherlands and the Antilles immediately surfaced again. The Netherlands identifies the Kingdom with the Netherlands and dictates. The Netherlands Antilles can like it or lump it."[39] In addition, the Werkgroep Bestuurlijke en Financiële Verhoudingen Nederlandse Antillen—the commission that explored the current constitutional reform of the Kingdom—recommended that the "identification of the Netherlands with the Kingdom needs to be eliminated".[40] The Council of State of the Kingdom joins the commission in this by remarking that the Kingdom of the Netherlands has no telephone number, no budget and that the Council of Ministers of the Kingdom usually meets very briefly with a summary agenda.[41] To counter this habit, the Council of State has suggested that with the pending constitutional reform in the Kingdom, a Secretariat for the Kingdom will be instituted that prepares the agenda for the Council of Ministers of the Kingdom and guards the enforcement of decisions of the council.

Geography
Main articles: Geography of Aruba, Geography of Curaçao, Geography of the Netherlands, and Geography of Sint Maarten
Map of the Dutch Caribbean islands, all part of the Kingdom of the Netherlands. Aruba, Curaçao and Sint Maarten are separate constituent countries within the Kingdom, whereas Bonaire, Sint Eustatius, and Saba are part of the constituent country of the Netherlands.

The Kingdom of the Netherlands covers a total area of 42,531 km2 (16,421 sq mi); and a land area of 34,467 km2 (13,308 sq mi). The Kingdom of the Netherlands has land borders with Belgium, Germany (both in the European Netherlands), and France (on Saint Martin).

About one quarter of the Netherlands lies below sea level, as much land has been reclaimed from the sea. Dikes were erected to protect the land from flooding. Previously, the highest point of the Netherlands was the Vaalserberg in Limburg at only 322.7 m (1,059 ft), but with the constitutional reform of 10 October 2010 this changed as Saba became part of the Netherlands as a special municipality, and its Mount Scenery (887 m; 2,910 ft) took the place of the Vaalserberg.

The Caribbean parts of the Kingdom consist of two zones with different geographic origins. The Leeward Islands (Saba, Sint Eustatius and Sint Maarten) are all of volcanic origin and hilly, leaving little ground suitable for agriculture. The Leeward Antilles (Aruba, Bonaire and Curaçao) are largely lacking in volcanic activity: the island arc occurs along the deformed southern edge of the Caribbean Plate and was formed by the plate's subduction under the South American Plate.

The Caribbean islands have a tropical climate, with warm weather all year round. The Leeward Islands are subject to hurricanes in the summer months. The European part of the Netherlands has a moderate maritime climate, with cool summers and mild winters.

Timeline of constituent countries
Time Countries Changes
1954–1975 Charter for the Kingdom of the Netherlands signed
1975–1986 Suriname gained independence and became the  Republic of Suriname
1986–2010 Aruba seceded from the Netherlands Antilles to become a constituent country in its own right
2010–present The Netherlands Antilles was dissolved. Curaçao and Sint Maarten became constituent countries, while the BES Islands became special municipalities of the Netherlands.
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See also

Notes
  1. The official motto is in French. The literal translation into English is "I will maintain"; a better translation, however, is "I will hold firm" or "I will uphold" (namely, the integrity and independence of the territory).
  2. Amsterdam is the constitutional capital of the kingdom and the Netherlands, while The Hague is the seat of the government representing both; Oranjestad is the capital of Aruba; Willemstad is the capital of Curaçao; and Philipsburg is the capital of Sint Maarten.
  3. Dutch is an official language in all four constituent countries. English is an official language in Curaçao[1] and Sint Maarten,[2] and has a formal status on Saba and Sint Eustatius.[3] Papiamento is an official language in Aruba[4] and Curaçao,[1] and has a formal status on Bonaire.[3] In Friesland, the West Frisian language has a formal status.[5] Dutch Low Saxon, Limburgish, Sinte Romani and Yiddish are recognised as regional or non-territorial languages in the Netherlands.[6]
  4. The Prime Minister of the Netherlands is referred to as "Our Prime Minister, in his capacity as chairman of the Council of Ministers of the Kingdom" (Dutch: Onze Minister-President, in zijn hoedanigheid van voorzitter van de raad van ministers van het Koninkrijk) when he acts as a Minister of the Kingdom. An example of this can be found in article 2(3a) of the Act on financial supervision for Curaçao and Sint Maarten. Other ministers of the Netherlands are referred to with the additional line "in his capacity as Minister of the Kingdom" (Dutch: in zijn hoedanigheid van Minister van het Koninkrijk) when they act as Kingdom Ministers, as for example with "Our Minister of Justice in his capacity as Minister of the Kingdom" (Dutch: Onze Minister van Justitie in zijn hoedanigheid van minister van het Koninkrijk), except for the Minister of Foreign Affairs and the Minister of Defence, since they always act in a Kingdom capacity. For more information on this, see Borman 2005 and Borman 2010.
  5. Also .eu, shared with other EU member states.
  6. .bq is designated, but not in use, for the Caribbean Netherlands.
  7. In isolation, Koninkrijk is pronounced [ˈkoːnɪŋkrɛik].
  8. Not to be confused with the constituent country the Netherlands, which is only a part of the Kingdom. In some contexts "the Netherlands" refers to the constituent country, in more formal contexts it may refer to the Kingdom.
  9. The population statistics of the Central Bureau of Statistics for the Netherlands do not include the Caribbean Netherlands (Source 1, 2). The number given here results from adding the population statistics of the Netherlands with those of the Caribbean Netherlands.
  10. Examples of this practice can be found in all government documents and in nearly all press reports on Kingdom affairs, as well as in institutions that are related to the Kingdom of the Netherlands: Raad van Ministers van het Koninkrijk ("Council of Ministers of the Kingdom"), Ministerie van Binnenlanse Zaken en Koninkrijksrelaties ("Ministry of the Interior and Kingdom Affairs"), the Koninkrijksspelen ("Kingdom Games", the Dutch equivalent of the Commonwealth Games), etc.

References
  1. "LANDSVERORDENING van de 28ste maart 2007 houdende vaststelling van de officiële talen (Landsverordening officiële talen)" (in Dutch). Government of the Netherlands. 10 October 2010. Retrieved 30 July 2013.
  2. According to Art. 1 para 2. Constitution of Sint Maarten Archived 25 March 2016 at the Wayback Machine: "The official languages are Dutch and English"
  3. "Invoeringswet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). wetten.nl. Retrieved 27 December 2017.
  4. Migge, Bettina; Léglise, Isabelle; Bartens, Angela (2010). Creoles in Education: An Appraisal of Current Programs and Projects. Amsterdam: John Benjamins Publishing Company. p. 268. ISBN 978-90-272-5258-6.
  5. "Wet gebruik Friese taal" (in Dutch). wetten.nl. Retrieved 27 December 2017.
  6. "Welke erkende talen heeft Nederland?" (in Dutch). Rijksoverheid. 11 January 2016. Retrieved 29 December 2018.
  7. "Oppervlakte".
  8. "CBS Statline". opendata.cbs.nl.
  9. The Charter of the Kingdom was fully explained in an "EXPLANATORY MEMORANDUM to the Charter for the Kingdom of the Netherlands", transmitted to the United Nations Secretary-General in compliance with the wishes expressed in General Assembly resolutions 222 (III) and 747 (VIII). New York, 30 March 1955 (* Ministerie van Buitenlandse Zaken, 41, Suriname en de Nederlandse Antillen in de Verenigde Naties III, Staatsdrukkerij-en uitgeversbedrijf/ 's Gravenhage, 1956)
  10. Edward, J.E.; Acton, D.A.; Ward, A.W.; Prothero, G.W.; Benians, E.A. (1907). The Cambridge Modern History. Vol. X: The Restoration. MacMillan. pp. 522–524.
  11. Peter Meel, Tussen autonomie en onafhankelijkheid. Nederlands-Surinaamse betrekkingen 1954–1961 (Between Autonomy and Independence. Dutch-Surinamese Relations 1954–1961; Leiden: KITLV 1999).
  12. Gert Oostindie, De parels en de kroon. Het koningshuis en de koloniën (The Pearls and the Crown. The Royal House and the Colonies; Amsterdam: De Bezige Bij, 2006).
  13. Gert Oostindie and Inge Klinkers, Knellende Koninkrijksbanden. Het Nederlandse dekolonisatiebeleid in de Caraïben, 1940–2000, II, 1954–1975 (Stringent Kingdom Ties. The Dutch De-colonisation Policy in the Caribbean; Amsterdam: University Press 2001).
  14. "Koning en Koningin bij viering 200 jaar Koninkrijk in Maastricht". Dutch Royal House. Archived from the original on 2 April 2015.
  15. De monarchie in Nederland, C.A. Tamse; Amsterdam / Brussel: Elsevier 1980 pp 43 - 44
  16. Ministerie van Algemene Zaken (19 May 2015). "Waaruit bestaat het Koninkrijk der Nederlanden? - Rijksoverheid.nl" Check |url= value (help). onderwerpen.
  17. "Monetary, Safety Law BES islands approved islands". The Daily Herald. 19 May 2010. Archived from the original on 10 August 2010. Retrieved 27 June 2011.
  18. "31.954, Wet openbare lichamen Bonaire, Sint Eustatius en Saba" (in Dutch). Eerste kamer der Staten-Generaal. Retrieved 15 October 2010. De openbare lichamen vallen rechtstreeks onder het Rijk omdat zij geen deel uitmaken van een provincie. (The public bodies (...), because they are not part of a Province)
  19. "The Bonaire Insider - InfoBonaire". Archived from the original on 7 August 2010. Retrieved 11 October 2010.
  20. "Aruba and the Kingdom". Aruba Government. 5 April 2017.
  21. "Coming Soon". www.arubaforeignaffairs.com.
  22. "Aruba and the Netherlands Antilles: Political relations within the Kingdom of the Netherlands". Ministerie van Binnenlandse Zaken en Koninkrijksrelaties. Archived from the original on 17 February 2008. Retrieved 13 October 2007.
  23. Wetten.overheid.nl – Instellingsbesluit raad voor Koninkrijksrelaties
  24. Nationaal Archief – "Archived copy" (PDF). Archived from the original (PDF) on 16 April 2010. Retrieved 16 April 2010.CS1 maint: archived copy as title (link), page 12
  25. RNW – Onderraad voor Koninkrijksrelaties
  26. H.G. Hoogers (2008) "De landen en het Koninkrijk", in Schurende rechtsordes: over juridische implicates van de UPG-status voor de eilandgebieden van de Nederlandse Antillen en Aruba, Groningen: Faculteit rechtsgeleerdheid van de Rijksuniversiteit Groningen, pp. 119–124. This study was mandated by the Dutch State Secretary for Kingdom Relations and was used for government policy.
  27. RNW.nl – Dennis Richardson voorgedragen voor Raad van State Archived 11 May 2011 at the Wayback Machine
  28. In Dutch: Cassatieregeling voor de Nederlandse Antillen en Aruba, text available here "Archived copy" (PDF). Archived from the original (PDF) on 25 March 2016. Retrieved 17 March 2016.CS1 maint: archived copy as title (link)
  29. Ikregeer.nl – Nr. 17 Amendement van de Bijzonder Gedelegeerden Wever en Thijsen
  30. "De in het statuut neergelegde staatsvorm heeft een uniek karakter en is moeilijk in een bepaalde categorie onder te brengen [...] Veelal wordt dan ook geconcludeerd dat het Koninkrijk niet van een duidelijke classificate kan worden voorzien. Gesproken wordt van een quasi-, dan wel pseudo-federatie of van een constructie sui generis", in: C. Borman (2005) Het Statuut voor het Koninkrijk, Deventer: Kluwer, pp. 23–24.
  31. "Een poging om de structuur van het Koninkrijk samen te vatten leidt tot de volgende omschrijving: een vrijwillig samengaan van autonome landen in een boven die landen geplaatst soeverein Koninkrijk, waarbij de organen van het Koninkrijk grotendeels samenvallen met die van het grootste land, op het niveau van het Koninkrijk slechts enkele taken worden verricht en vanwege het Koninkrijk een beperkte invloed kan worden uitgeoefend op het autonome bestuur in de kleinere landen", in: C. Borman (2005) Het Statuut voor het Koninkrijk, Deventer: Kluwer, p. 24.
  32. "associatie van landen die trekken heeft van een federatie (Bondsstaat), maar wel een eigensoortige", in: C. A. J. M. Kortmann (2005) Constitutioneel recht, Deventer, p. 107.
  33. A.D. Belinfante, J.L. De Reede (2002) Beginselen van het Nederlandse Staatsrecht, Deventer, p. 315.
  34. "Treaty Establishing the EEC – Protocol on the Application of the Treaty Establishing the European Economic Community to the Non-European Parts of the Kingdom of the Netherlands

    The High Contracting Parties,

    Anxious, at the time of signature of the Treaty establishing the European Economic Community, to define the scope of the provisions of Article 227 of this Treaty in respect of the Kingdom of the Netherlands,
    Have agreed upon the following provisions, which shall be annexed to this Treaty:
    The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 227, be entitled to ratify the Treaty on behalf of the Kingdom in Europe and Netherlands New Guinea only.
    Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.", in: cvce.eu – Treaty establishing the EEC - Protocol on the application of the Treaty establishing the EEC to the non-European parts of the Kingdom of the Netherlands (1957)
  35. "The provisions of Part Four of the Treaty were applied to Surinam, by virtue of a Supplementary Act of the Kingdom of the Netherlands to complete its instrument of ratification, from 1 September 1962 to 16 July 1976.", in: eur-lex.europa.eu – Treaty establishing the European Community (consolidated version) – Text of the Treaty
  36. "The Netherlands also includes 6 overseas countries and territories in the Caribbean. These territories are not part of the EU." EU website
  37. Staff reporter (13 February 2007). "Agreement on division of Netherlands Antilles". Government.nl. Archived from the original on 12 March 2007. Retrieved 24 February 2007.
  38. The Daily Herald (12 October 2006). "St. Eustatius, Saba, Bonaire and The Hague Reach Historic Agreement". Retrieved 21 October 2006.
  39. André Rouvoet (12 October 2005). "Bijdrage debat Begroting Koninkrijksrelaties 2006" (in Dutch). ChristenUnie.nl. Archived from the original on 6 May 2009. Retrieved 21 October 2007. Hoewel Minister De Grave er wat ons betreft meer vaart achter had mogen zetten, had hij onmiskenbaar de goede richting te pakken én, dat is in Koninkrijkszaken cruciaal, de goede toon. Zijn opvolger, Minister Pechtold, bleek die broodnodige prudentie te ontberen met als dieptepunt zijn brief van 24 augustus waarin hij staatkundige veranderingen afhankelijk maakte van financiële verbeteringen. Het oude verwijt dat steeds de relatie tussen Nederland en de Antillen heeft gekenmerkt, speelde onmiddellijk weer op. Nederland vereenzelvigt het Koninkrijk met Nederland en dicteert. De Nederlandse Antillen moeten slikken of stikken. Gevolg: ergernis in de West, verstoorde verhoudingen en verlies van momentum; geen frisse wind, maar meer een storm in de Caribische porseleinkast. Het zal allemaal wel te maken hebben met de behoefte van deze minister om te zeggen wat hij denkt en heilige huisjes niet te sparen, maar echt behulpzaam voor de verhoudingen in het Koninkrijk is het niet.
  40. Werkgroep Bestuurlijke en Financiële Verhoudingen Nederlandse Antillen (8 October 2004). "Nu kan het... nu moet het! Advies Werkgroep Bestuurlijke en Financiële Verhoudingen Nederlandse Antillen" (PDF) (in Dutch). pp. 37–38. Retrieved 21 October 2007. Aanbevelingen Koninkrijk "Nieuwe Stijl": [...] 7. De vereenzelviging van Nederland met het Koninkrijk wordt doorbroken.
  41. Raad van State van het Koninkrijk (18 September 2006). "Voorlichting overeenkomstig artikel 18, tweede lid, van de Wet op de Raad van State inzake de hervorming van de staatkundige verhoudingen van de Antilliaanse eilanden binnen het Koninkrijk" (PDF) (in Dutch). pp. 34–35. Retrieved 21 October 2007. Het Koninkrijk der Nederlanden heeft geen adres of telefoonnummer en al evenmin een eigen budget. Als het Koninkrijk wordt gebeld, krijgt men Nederland aan de lijn. De relaties binnen het Koninkrijk zijn vooral een dynamisch onderhandelingsproces. Een democratisch gelegitimeerd centrum ontbreekt. Het duidelijkst geldt dit voor de rijksministerraad, die gewoonlijk slechts zeer kortstondig beraadslaagt, met een zeer summiere agenda en met weinig discussie over de koers van het Koninkrijk als geheel. Voor de voorbereiding is de raad vrijwel geheel afhankelijk van (voorbereidend) overleg tussen vertegenwoordigers van de drie landsregeringen.
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