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Council of State Accused of Increasing Democratic Deficit in the Kingdom

Local | By Correspondent January 2, 2025

THE HAGUE – The Council of State, which has called for reducing the democratic deficit within the Kingdom of the Netherlands, is now facing criticism for allegedly contributing to its increase. This argument was made by Prof. Dr. Leonard Besselink, an emeritus professor of Constitutional Law at the University of Amsterdam, in an opinion piece published on the website Nederland Rechtsstaat. 

Key Issue: Financial Defense Obligations Bill 

Besselink's critique focuses on the "Financial Defense Obligations Bill," which was initially proposed as a Kingdom Act but was reclassified as an ordinary Dutch law following advice from the Council of State. 

“The initiators allowed themselves to be persuaded by the Council of State based on unconvincing arguments,” Besselink argued. “Why is there no Kingdom budget? And why aren’t the parliaments of the Caribbean countries consulted on defense and foreign affairs budgets, particularly regarding provisions that directly impact them—Kingdom laws or not?” 

Democratic Representation at Stake 

The proposed legislation has already passed the Dutch House of Representatives and now awaits consideration by the Senate. Besselink called on the Senate to involve Caribbean representatives in discussions about the bill, even though it has been classified as a domestic Dutch law. 

“Shouldn’t the Senate, even in the case of an ordinary law that affects the interests of Caribbean countries and their residents, consult their parliaments?” he questioned. 

Broader Concerns 

This case highlights ongoing concerns about the representation of Caribbean countries within the Kingdom. Critics argue that structural reforms are needed to ensure that decisions impacting the Caribbean are made with proper input from their elected representatives. 

As the bill moves to the Senate, the debate over the Kingdom's democratic structure and its implications for Caribbean nations remains highly relevant.

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