The Raad van State (Council of State) is the highest administrative court in the Netherlands, and also an advisory body to the Dutch government and parliament on legislation and administration. It is also responsible for overseeing the European budget rules.
The Raad van State is composed of a president, vice-presidents, and members. The president is appointed by the queen for a term of six years, and the vice-presidents and members are appointed by the queen for a term of four years.
The Raad van State has two main functions:
- Advisory function: The Raad van State advises the government and parliament on legislation and administration. It does this by issuing advisory opinions on draft laws and regulations. The government and parliament are not legally bound to follow the Raad van State’s advice, but they usually do.
- Judicial function: The Raad van State is the highest administrative court in the Netherlands. It hears appeals against decisions made by lower administrative courts. The Raad van State’s decisions are final and binding.
The Raad van State also has a number of other functions, such as:
- Overseeing the European budget rules
- Toetsing Klimaatwet (reviewing the Climate Act)
- Advising on appointments to certain government positions
The Raad van State is an independent institution. It is not part of the executive, legislative, or judicial branches of government. This independence is essential for the Raad van State to be able to carry out its functions in an impartial and objective manner.
The Raad van State is an important institution in the Dutch legal system. It plays a vital role in ensuring the legality and fairness of government administration.