State in Western Europe. Ownership is the island of Aruba and other Netherlands Antilles, forming a federation with equal status with territory in Europe.
Territory - 41 thousand square meters. km. Capital - Arsterdam.
Population - 15.6 million people. (1997).
Official language - Dutch.
Religion is the majority of believers - Catholics and Protestants.
In i century BC. - V c. AD - Roman province, with V c. - As part of the state of francs. In 1463, the general states were for the first time - the estate parliament. In 1477, the country passed under the power of Habsburgs. As a result of the Netherlands Bourgeois Revolution of the XVI century. The Republic of the United Provinces was formed on the territory of the United States of the United States. In the XVII century The Netherlands turned into a global power with extensive colonies, but in the wars the 2nd floor. XVII century And in the XVIII century. Many of them were lost. According to the decision of the Vienna Congress (1814-1815), the Netherlands Kingdom was created on the site of the former Republic of the United Netherlands, which up to 1830 was also included by Belgium.

State device

In the form of a state-territorial device of the Netherlands, a decentralized unitary state. The country is divided into 12 provinces.
The written constitution consists of the statute of the Kingdom of the Netherlands of 1954 (contracts regulating the relationship between the Netherlands, the Dutch of the Antilles and Arup, international relationships, Defense, citizenship, politics against foreigners) and the Constitution of the Netherlands of 1815, who was complete to revise in 1982 (usually referred to as the 1983 Constitution). In the form of the board of the Netherlands, the constitutional parliamentary monarchy. Political regime democratic.
The head of state is the king (queen). The Constitution regulates the issues of the throne and regents in sufficient detail. Royal title is inherited. The heir of the king is considered the eldest son. If it turns out that there are no direct heirs, the head of state can be appointed as an act of parliament. Such a decision is made at the united session of both chambers. The king is endowed with fairly wide rights. Together with Parliament, he implements the legislative power, together with the government - executive, through the courts - judicial. The Constitution enshrines the following functions behind the king: He appoints the Prime Minister and on his recommendation of the remaining ministers, the Royal Decrees are established by ministries, he appoints commissars in the provinces. Each year on the third Tuesday of September at the United Session of Parliament, the king stands with a report on the main directions of state policy. He approves bills, manages external relations, has the right of pardon. However, the powers of the king are largely a formal nature, since a significant number of its functions is carried out by the government. Especially the king is inviolable. At the king there is a deliberative body - the State Council. This is the oldest and one of the most important state bodies. Its members (mainly these former state figures, judges, businessmen) are appointed by the king for life on the recommendation of the Minister of the Interior and after the meeting with the Minister of Justice. The President of the State Council is the king, but in fact he leads them a vice president. Among the most important functions of this body include preliminary consideration bills and proceedings administrative disputes. The State Council provides advice on draft laws, royal decrees, proposals on international treaties.
Legislative authorities, together with the king, sells Parliament General States consisting of 2 chambers (first and second). As part of the first (top) chamber - 75 deputies elected by provincial states (councils) on the basis of a proportional representation for 4 years. The Second Chamber (Lower) is elected by universal direct elections on the same system and for the same time. It has 150 people. Parliament meets at regular sessions at least once a year. If necessary, the king can convene an extraordinary session. Meetings of the chambers are held publicly, but at the request of deputies can be announced closed meeting. All decisions are made by the absolute majority of votes of deputies participating in the voting. Powers of the Spare Chambers: The Second Chamber plays a more important political role in state mechanism. Prime Minister (head of government) must be supported by the majority of its members. Only the Second Chamber has the right to legislative initiative and the right to make changes to the draft laws. The first chamber can only accept or reject the bill. Any bill made by the government or a parliament deputy must be accepted by both chambers. Then he goes to the approval of the king. The bill who received royal statement comes into force 20 days after publication.
The executive power is carried out jointly by the king and the Cabinet of Ministers (Government). The Kingdom Government is the Netherlands government plus ministers representing the Netherlands Antilles and Aruba. The head of government - the Prime Minister and the ministers are appointed and dismissed by the king. They are representatives of parties who received most places in parliament. Ministers have the right to attend the meetings of the Chambers and take part in the discussions. The government is responsible to the General States. Parliamentary monitoring of its activities proceeds in the form of interpelling, oral issues to ministers, through the work of investigative commissions.
In the provinces there are local governments - provincial states elected by direct vote on a proportional system for 4 years and include from 31 to 83 advisers depending on the population. The chairman of the provincial states - the Commissioner is appointed by the king for 6 years. The executive power is represented by the Executive Committee (from 3 to 9 members), elected provincial states from its composition for 4 years; His chairman is the Commissioner.

Legal system

general characteristics

The Netherlands belong to the Roman-German legal family, which has been based on the processing of European universities of Roman law. Over the centuries of its history, the Dutch law has provided significant influence The development of the right of other states, borrowing, in turn, much of their legal culture.
A long time in the Netherlands was missing a single legal system (there was a Dutch, Frisian law, etc.). Starting from the XV century. In the province of Holland began to develop a system of Roman-Dutch law, which reached his heyday during the Republic of United States (XVII century - 1795). It was peculiar to the traditional institutes of Roman law, the norms of the medieval law of German states and trade customs of port cities. In the development of this system, a decisive role belonged not to the legislation, but carefully collected and constantly published court decisions. Of great importance and the works of Dutch lawyers (Hugo Grotary, Philippe Leiden, Simon Van Louven, and others), in which they described in detail general principles And the individual institutions of Roman and Roman-Dutch law and at the same time commented on the draft laws of Justinian, other meetings of laws, as well as the judicial practice of local vessels. Within 2 centuries preceding the Great French Revolution of 1789, Dutch Universities held leading position among various legal schools in Europe of the time. In the Netherlands themselves, the Roman-Dutch law was abolished in 1795 as a result of the country's conquest to the French troops and the proclamation of the so-called Bayava Republic. However, it continued to be applied in former Dutch colonies in Asia and Africa (now the Republic of Zimbabwe, Sri Lanka, Guyana, etc.) and still serves as a formal basis. legal system SOUTH AFRICA.
The modern legal system of the Netherlands in its main features began to form at the beginning of the XIX century. In 1810, when the Netherlands were declared part of the French Empire, French legislation was officially introduced on its territory. After the collapse of the Napoleon's Empire and the proclamation of the independent kingdom of the Netherlands (1814), civil and other French codes were left in force, but "temporarily", before the publication of the Netherlands Legislative Acts. Such reform was carried out in 1838, when civil and Trade Codes, law on the organization of ships and civil procedural Codeand ended in 1866 by the entry into force of the new criminal law. On the basis of these codes and continued further development Legal system of the Netherlands. French influence is still traced in the classification of branches of law, management organization and judicial system, in civil and family law. At the end of the XIX and in the XX century. Dutch law felt the influence of the German legal tradition. Squeezing to the Swiss and Austrian law is also not uncommon. The impact of English common law is manifested in the important role of constitutional agreements and fate precedents, in the relative simplicity of legal equipment, interest in adequacy judicial procedure.
In recent decades, the twentieth century legal development Netherlands wore an independent and sometimes very original character, demonstrating new countries new, extraordinary approaches and solutions in a wide variety of areas (protection of sexual minority rights, system social insurance and the organization, the organization of penitentiary institutions, the policy of tolerance against drugs, simplified divorce procedures, the legalization of euthanasia).
The main source of law in the Netherlands is legislation. Along with him, primarily in the field of civil, trade and maritime relations, there are norms of customary law, which is fixed in relevant codes and laws. A significant role in interpretation and application of common legal principles and institutions, especially in the first period of action Civil Code 1838, played the decisions of the Supreme Court, often filling gaps in the right, although they officially never recognized the source of law. Finally, the special source of law in the Netherlands is recognized in the practice of "Constitutional Agreements" (define the principles of the rule of law, the appointment and displacement of the ministers, the implementation of the RosPussian Law of general states).
Legal studies are held at nine law faculties (University of Amsterdam, University of Amsterdam, University of Groningen, University Leiden, University of Limburg (Maastritis), Nimegen Catholic University, University of Erasm (Romandam), Catholic University of Brabanta (T.Turgburg ), Utrecht University, Open University (Gherlen). In 1965, eight of them founded the Inter-University Institute in Hague. Assander.

Civil and related to him
industries Rights

The civil code of the Netherlands, which came into force in 1838 was compiled under a very significant impact of the Napoleon Code: some of its sections are essentially a translation into the Dutch language of the relevant provisions of the French GC 1804. However, the Netherlands GC was distinguished by an independent, fairly successful material location system As part of four books (persons, things, commitments and evidence), as well as the original interpretation of individual legal institutions (for example, ownership of spouses, inheritance, divorce). The structure of the Code and the content of its main provisions remained unchanged for more than a century. The corrections made in him had, as a rule, the nature of independent laws (about the protection of children (1905), about the property of spouses (1956), adoption (1956), etc.).
Work on the new GK, officially entered into force on January 1, 1992, was carried out since 1947 on the basis of projects developed by the prominent civilist professor E. Meyers. 1992 GK Incorporing the laws that existed separately from civil and commercial codes and summarized the accumulated judicial practice in the field of civil and commercial law. The uncertainties of the former legislation were eliminated, it is in line with the standards of the European Union.
GK consists of nine books: 1) Family law and individuals; 2) legal entities; 3) general rules relative to property; 4) inheritance; 5) property rights; 6) general provisions on obligations; 7) certain types of contracts; 8) transport law (marine, terrestrial and air transport); 9) the right of intellectual property.
In connection with the opposition project of the new GK and the need for a thorough discussion in parliament, it was decided to take it not in general, but on individual books. This process, which began in the 1950s, stretched out on a very long time. The texts of the first two Codex books after a long discussion were approved by Parliament, respectively, in 1970 and 1976, and a few more years came into force. Books 3, 5 and 6 and parts of the book 7 entered into force in 1992. Work on the book4 and over certain provisions of the book 7 continues. Book 8 entered into force in 1991, but some issues in the field transport law will be settled later. The book 9 is being finalized, taking into account the unification of patent law within the EU, the entry into force of the agreement of the Benilyux countries to unify the right regulating trade marks and trademarks. It is supposed to include in the GC of the Book of 10 "International Private Law".
GC Netherlands 1992 is the newest of the Civil Codes of Western European countries. It reflects the most important trends in the development of modern civil and commercial law. The GC was developed on the basis of both the general continental and positions of Roman-Dutch, French and German law. The German systemic approach is manifested in the abstract legal language, the abundance of technical details, the "puff" structure (general rules are preceded by detailed provisions), in the new section on general conditions, on the role of good faith in contract law. On the other hand, the general part hereditary right does not include (in contrast to German law) Family Law. The Franco-Belgian influence is found in the transition to liability without guilt in a delicate right. The impact of Anglo-Saxon law manifested itself in the articles about the error, the short influence, early termination Contract, responsibility for independent contractors. The content of the Hague Act and the Vienna Act on Uniform Sales of 1964 and 1980. It is reflected in the provisions on the appropriate sale, in the sections on the non-fulfillment and conclusion of contracts (Book 6). The main innovation is the introduction of a common part characteristic of the panectic monitor; but a common part (Book 2) concerns only property rights. The unity of civil and commercial law, characteristic of Roman and Roman-Dutch law, has been restored: the trade code of 1838 is incorporated in the GC (books 2, 7 and 8). The GC provides measures to protect small entrepreneurs from monopolists, the protection of women, children, consumers, minors, victims of illegal acts has been expanded; The age of majority is reduced to 18 years; Expanded the rights of a married woman. This is the first European Code in which the concept of consumer rights is embodied. The concepts "rationality" and "justice" are used in the obligatory right to designate in good faith and are an additional source of contractual obligations other than the law and custom (for example, the obligation of negotiation participants to take into account the reasonable interests of each other). In the delicate right, the main innovation is to transition from "Liability based on wine", "responsibility for risk", which was not known to the Roman-Dutch law.
CCC of the Netherlands of 1838, with subsequent changes, retains the action. In a judicial procedure, an important place occupies the exchange of parties with written documents; Oral speeches of representatives of the parties play a secondary role.
Source family law are chapters 6, 7 and 8 of the Civil Code, the law "On the common property", introduced into operation in 1970, the law "On the divorce" of 1993, the provisions regarding family life European Convention on the Protection of Human Rights and Fundamental Freedoms. By general rule Personal property of both spouses obeys (marriage maturity) legal regime joint marriage ownership. It is possible to conclude marriage contracts ("with the complete exception of the common property"; "with limited community of property"; "with limited property community and the regulation on the settlement of claims"). The Netherlands is the first country in Europe, allowing one-sex marriage, and such a family can raise a child. In some municipalities, "Register of cohabitation without marriage", in which lesbians and homosexuals have the right to officially register a contract for the cohabitation. Listening to the cessation of marital ownership (divorce, separate accommodation, judicial decision on the collapse of community, the conclusion of a new marriage contract providing for termination joint property) Every spouse is endowed with the right half of this property. The principle of guilt has lost importance; The divorce on the mutual agreement of the spouses in the case of the "irreversible decay of marriage" is allowed. Parties are given the right to independent resolution of the conflict, and the judge performs notarial function Divorce certificate. The parties (one of the spouses) can request separate accommodation on the same basis as when divorced. If the spouses are reconciled, "sleeping" is restored. The new GK has improved the position of extramarital children; They got the right to wear the name of the mother. The father of a child born out of marriage may be obliged to pay the money content to the child whom he refused to adopt, until the age of majority achieve.
Questions labor law GK are regulated, emergency decree on labor relations 1945, laws on professional organizations in 1950, on the notice of collective dismissals of 1976, about collective labor agreements 1927 (with changes in 1995), about minimal wages and minimum holidays 1968, about wages 1970
In the Netherlands there is a developed system of social security legislation (laws on social assistance in 1963, on the unemployment benefits of 1986, about the benefits in the event of 1964 disease, about 1956 pension benefits, on disability benefits 1975 G., on benefits for children of 1962). Families receive benefits for the maintenance of children under 17, if they left school and do not have work - until 21 years, and if they do homework or are students and do not receive scholarships - up to 25 years. Single parents raising a child under 12 years have additional benefits of 6% of income.

Criminal law and process

The first Netherlands ("Criminal Code of the Kingdom of Holland") was published in 1809 during the period of short-term rule as the Dutch king of one of the Napoleon brothers (1806-1810). It detects a significant impact of criminal laws previously operating in individual provinces. Subsequently, it was repeatedly used as a basis for the preparation of projects of new criminal Codes of the Netherlands. In 1811, after the deployment of the country to France, the Code of 1809 was replaced by the French Criminal Code of 1810, which continued to be used for several decades as the National Criminal Code, despite the repeated attempts to replace it. Only in 1881 was published by the Criminal Code, compiled by the Netherlands criminals headed by A. Modderman, who used partly the experience of French (Criminal Code 1810) and German (Criminal Code of 1871). This code is distinguished by simplicity of the standards and the latitude of a judicial discretion, but only towards mitigating sanctions. All criminal acts are divided into the Code, in contrast to the three-selected classification adopted in the French and German Criminal Code, into two categories of crime and misdeed.
Changes to the Criminal Code were introduced in 1905 (provided for separate criminal law for juvenile); In 1915 (conditional condemnation is envisaged - replacement of imprisonment with a fine, public works and other punishments); In 1986 (judges are given to the authority to continue the main and additional penalties); In 1929 (forced measures were introduced, and in 1983 they were complemented by the premises of psychopath criminals in closed medical institutions); In 1976 (established criminal liability legal entities); In 1983 (expanded the use of fines and additional penalties). Criminal liability was introduced for discrimination, encroachment for privacy, hijacking aircraft, pollution ambient, computer crimes; Decreened violation of married loyalty and homosexuality. In 1987, an early liberation of persons was introduced, the term of which does not exceed 1 year (after serving at least 6 months of conclusion, if the remaining period is 1/3 of total), persons convicted by more than 1 year of imprisonment and serving 2/3 times, as well as conditional condemnation. Since 1989, public works for crimes are applied, calaped by imprisonment to 6 months; Police endowed with the right to impose fines of up to 500 guilders for violation of the rules; These decisions can be appealed to administrative order, ultimately - to court.
The Criminal Code provides for the following types of fundamental punishments: imprisonment - for crimes committed; arrest - for criminal misconducts and some crimes; Public works, penalty - for the acts of both categories; Conditional sentences. Life imprisonment can be appointed for unintended murder in aggravating circumstances and intentional murder; Alternatively, the court has the right to use a prison sentence for up to 20 years. The death penalty is prohibited in 1870. After World War II, it is introduced for some war crimes and dangerous collaborationism with the enemy, but does not apply since 1952 in accordance with the amendment made to the Constitution of the Netherlands in 1982, the death penalty canceled.
Additional penalties are: deprivation of special rights - the right to driving and the right to exhibit their candidacy for elections, to occupy a public office, practicing certain professions; placement in the labor camp; Publication of a court decision; confiscation of property. The judge is given the opportunity to impose one or more additional penalties instead of the main one.
Judges are associated only with the maximum sizes of sanctions (only they are indicated in relevant articles Special part). The court has the right to soften the punishment at its discretion (in the total part of the Criminal Code there is no list of softening circumstances, since it would contradict "confidence in the judges"). He can recognize the person guilty, without appointing punishment "judicial pardon." In accordance with the changes in 1983, the Court must argue the imposed punishment. Currently, the most important punishment for all crimes was the penalty. Since 1987, conditional condemnation applies to penalties in the form of a fine, imprisonment and imprisonment up to 3 years.
The general criminal law is formed by the basis of individual industries: military criminal law, based on military Code, and criminal law of wartime (Law 1952); tax criminal law, the basis of which is the laws in the field of taxes, customs tariffs and excise taxes; Criminal law related to violation of the rules, established by law about road traffic 1935; socio-economic criminal law (law on economic crimes 1950 with changes in 1976 and 1989); Juvenal criminal law. The following sanctions apply to minors: reprimand; Penalty (from 5 to 500 guilders); detention (from 4 hours to 14 days); Direction to a correctional school (from 1 to 6 months). The term of the use of "disgusting" sanctions (supervision; orders for the detention of violators in need of retraining and education) are not defined, but they are "removed" upon reaching 18 years. Minimum age criminal responsibility Minors - 12 years, maximum - 21 years. Courts can apply to the minors of the "general" criminal law, taking into account the severity of the punishment and the nature of the offense. The courts are plenipotentiary to also use the provisions of the juvenile criminal law against persons over 18 years old, but not reached 21 years.
UPK 1838, compiled on the model of the Criminal Procedure of France, 1808, acted until 1926 in the 1926 Criminal Procedure, reflected principles of both the continental (inquisition system) and the Anglo-American process (the latter are manifested at the institutes "Transaction", "conditional Failure ", in the concepts of" Fair Legal Procedure "," Fair Criminal Procedure "). In 1974, criminal procedural legislation was changed (so, the periods of preliminary conclusion were reduced). Part I Code of Code contains provisions on the competence of the police, public prosecution services and courts, the rights of the accused and protection, forced Mer, preliminary conclusion, overlay arrest, excavation, search; Part II Rules on the pre-trial and judicial stages of the process; Part III - O legal means protection (appeal, cassation); Part IV regulated procedures for consideration of cases of minors and legal entities, in part V - the procedure for the execution of court decisions. Criminal procedural regulations are contained in the laws on Opium 1928, about the Police of 1993, on the preliminary conclusion of 1974.
Police authorities initiate and conduct a pre-trial investigation on behalf of the public prosecution service (in practice they do not resort to prior consultation with this service). Police is authorized to conclude a deal with the accused, consonant pay a certain monetary sum, and the case is not transferred to the public prosecution service. In the Netherlands (like France, but in contrast to Germany) there is no compulsory criminal prosecution. The public prosecutor decides the issue, to direct the case to a police judge or a collegium consisting of three judges. The refusal of a public prosecutor from criminal prosecution is possible on the following grounds: "Technical Failure" (no evidence sufficient for criminal prosecution); "Discretional refusal" (his inappropriateness for the reasons of "public interest", political considerations, and also in view of the fact that other types of punishment or measures are preferable; the persecution is disproportionately, unfairly or ineffective, taking into account the personality of the offender or does not correspond to the interests of the victim). There may be "unconditional" and "conditional" failures of the persecution with the announcement of the violator of the prisoner or without that. Such conditions may be paid by the state of money, full or partial compensation for damage to the victim of a crime, the refusal of objects that were confiscated or subject to confiscation, the state of the cash flow, which is at least equal to the profit obtained as a result of the deed. "Conditional" refusal is used only at the pre-trial stage; At the same time, the role is not playing the fact of recognition of the accused guilt and view perfect crime. In accordance with the Law on Financial Sanctions of 1983, the public prosecution service is authorized to terminate the accusation, if the accused has made the appropriate amount of money; This rule concerns crimes punishable by no more than 6 years of imprisonment. The Law on Prosecutor General of 1976 determined the standards of refusal to persecute on drugs related to drugs: the ownership of "soft" drugs up to 5 grams, the use of a small number of "hard" drugs by a person who has no criminal record.
The presumption of innocence is not formulated as the principle of criminal justice; Public prosecutors are considered to be magistrates acting in public interest. In the stage of trial, the elements of competition appear to a greater extent, but the judge is active and dominates, and the public prosecutor bears the burden of proving evidence, but not proof. The main purpose of the trial is the establishment of truth. The judge may limit the right to interrogate witnesses by the parties; Cross interrogation invalid. The participants in the process and the Court are focused on the study of a written dossier. The rules of proof are not aimed at finding unacceptable evidence. The court, appointed punishment, limited the framework of the charges, but is not related to the demand of the public prosecutor. During the judicial reform, the transition to the opposing criminal procedure is planned.

Judicial system. Control bodies

The judicial system of the Netherlands is based on the Constitution and the Law on judicial organization 1827 (as amended 1911 and 1971).
At the head of the judicial system there is a Supreme Court (established in 1838), providing uniform interpretation and application of laws throughout the country, as well as a significant role in the development of law. The Supreme Court includes the chairman, 2 or 3 of his deputy and 16 members; He has a ward civil Affairs, Industrial Chamber, Chamber, Taking Tax Cases and Issues related to Expropriation, Chamber of Criminal Cases, Chamber, Resolving Disciplinary Cases for Judges. The jurisdiction of the Supreme Court is limited by the issues of law. The Supreme Court considers as the highest and last instance of the cassation complaints of the accused and public prosecutor to solve subordinate courts (after consideration of the case of the appellate court) and the Supreme Courts of the Netherlands Antille and Aruba, as well as the statements of the Prosecutor General at the Supreme Court of Cassation in the interests of the right to decisions, According to which improper norms of law are applied or the process is broken. As the first and last instance, the Supreme Court permits cases on charges of parliamentarians, ministers and other higher officials In the crimes committed by service.
Appeals courts (their 5 - in Amsterdam, Arnhem and other big cities) are considered (in colleges from 3 judges) appeal on solutions and sentences of district courts on civil and criminal cases. The relevant offices of appeal courts disassemble complaints administrative bodies on tax credentials. In the Appeal Court of Arnhem, there are also branches, where complaints about the decisions of cantonal courts on land lease issues and refusal to issue licenses (a collegium of 3 judges and 2 expert councils). One of the offices of the Appeal Court of Amsterdam considers disputes related to the activities of companies (the board in the same composition).
District courts (19 of them in the whole country) are considered at first instance all civil and criminal cases, except for the least significant, as well as complaints about the decisions of cantonal (sub-armored) judges (sentences to a fine of up to 250 guilders are not subject to appeal). Such complaints, as well as the most serious and complex cases on the first instance, listen to the colleges of 3 judges, most of the cases (including crimes punishable by a fine or deprivation of freedom for up to 6 months) disassembled by the judges alone. Cases of the offenses of minors consider the judges specializing on them.
Until 1998 lower judicial instance there were cantonal (sub-arm) courts in which the judges solely disassemble the unbeliving civilian (with the amount of the claim to 500 guilders) disputes and cases of criminal actsRelated to the category of misconduct. In 1998, the sub-armored courts were integrated into the district and formed the courts of first instance; However, the right to appeal the sole solutions of the judge to the district court is preserved.
Jury Courts functioned in the Netherlands for long (1811-1813). Now the non-professionals in the trial are not involved (exceptions: the military branches of the district and appellate courts consist of 2 judges and a serviceman, the department for consideration of prisoners - from 3 judges and 2 psychologists' experts). War courts were abolished in 1991
There is no constitutional control system in the Netherlands. For judicial authority The laws have the rule of the constitution, because the constitutionality of these acts (as well as international treaties) is not assessed by the courts (Article 1220 of the Constitution). The courts are entitled to evaluate the constitutionality of sub-law acts of municipalities, provinces and public authorities.
The administrative justice system was gradually and differed by fragmentation and disordex. The multiplicity of courts of administrative jurisdiction prevented the uniform interpretation of the right and access of citizens to the means legal protection. In accordance with the Law on the State Council of 1861, the Department of Administrative Disputes of the State Council was granted the right to advise the king in the event of an appeal of administrative decisions by representatives of the central and lower branches of the public authority. Act on administrative jurisdiction ( administrative decisions) 1975 provided for the right to appeal to the judicial department of the State Council on the decisions of the central and lower governing bodies in cases where: the generally accelerated rule is violated; The administrative body used its credentials for illegal purposes; The administrative authority did not take into account all interests or made a decision that contradicts the basic concept of "proper management." The Law on Appeals to the Crown (Interim Measures) of 1987 limited the powers of the king and provided for the reorganization of the department of administrative disputes established under the judicial department, in an independent court (cases concerning legality general regulations, and disputes between the administrative authorities were left in the leading of the crown).
Judicial control on social security issues was introduced by the Act of Appeal of 1902 (replaced by the Law on Appeal of 1953). It was envisaged the right to appeal against the decisions of the relevant bodies in 10 councils of appeals on social security issues and to the Central Council of Social Security Council in Utrecht.
In 1914, administrative trial on tax issues. The Law on Administrative Jurisdiction on Tax Affairs of 1956 provided that the appellate courts are the first instance on disputes on tax sizes and other tax inspectors ( cassation instance Speakers the Supreme Court). After revising the Constitution in 1982 administrative courtswho resolved the disputes on taxation were included in the system of ordinary ships.
The law on civil servants of 1929 provided the last right to file complaints in special courts and the Central Council of Social Security Council.
The Law on Administrative Jurisdiction on Business Organization of 1954 established a collegium on complaints in the field of business - a court in the field of public economic law as part of 3 members permanently on the first instance in accordance with the "Principles of Good Administration". The board endowed with the right to annul the acts of committing the administrative authority certain actions or compensation for damage.
According to the law on the lawyers of 1952, the behavior of lawyers control disciplinary courts (their members are judges appointed by the Minister of Justice, and lawyers chosen by their colleagues). Appeal is possible in the disciplinary court in Utrecht. Solutions of private courts can be reviewed in order of judicial control. Public disciplinary courts are considering cases of negligent treatment of patients.
Administrative and legal reform of the 1990s. He led to the codification of the general part of the administrative law, the reform of administrative justice and the integration of administrative and ordinary ships. In accordance with the amendment (1993) to the State Council, the Department of Administrative Disputes and the Judicial Office merged into the department of administrative law, considering cases of persons who refuse military service on convictions; disputes related to the application of legislation on elections and education; Cases on complaints to solutions to the department of administrative law of district courts (except affairs about social protection and affairs, the parties of which are civil servants, the appeals on which are considered by the Central Council of Appeals). It is not allowed to appeal the "preliminary decisions" and the decision of the chairmen of district courts on cases concerning foreigners (appeals on them are considered by the district court in the Hague).
In accordance with the Law on General administrative law 1992 in the 1990s. In 19 district courts, administrative departments were established, considering cases of first instance. Almost all administrative jurisdiction focused in them. Civil servants' courts and councils of social security appeals are integrated into the district courts. Administrative departments of district courts began to perform the functions of social security ships. It is assumed to transform specialized high vessels (in particular, council of appeals on social security issues) to appellate courts and their integration into the judicial system (the Central Council for Social Security Council - to the Supreme Court).
Extrajudicial dispute resolution institutions (arbitration) are widespread. Arbitrators can be elected at the request of the parties; Often they are experts in a certain area. Trade unions organize commissions to resolve consumer complaints; funds mass media Estimated Ombudsmans on "collective consumer affairs". There are many institutions - divorce intermediaries.
The judges are appointed to their positions King (the Minister of Justice calls the candidates of judges). To become a judge, it is required to have a legal education, to complete the Academy of Magistracy or to work in the judicial office, the lawyer, the public prosecution service of 7-8 years. The judge of the Supreme Court is appointed from 3 candidates submitted by the Second Chamber of General State (usually persons who are heading a list of 6 names recommended by the Supreme Court). The judges should resign at the age of 70 and can be removed from the position of the Supreme Court "on the basis of apparent unsuitability." Public prosecutors are trained in the same order. With the exception of employees of the traffic police, they must have a legal education.
The public prosecution service operates in every court, controlled by the Minister of Justice and consists of the following links: 1) The Prosecutor General at the Supreme Court of the Netherlands and his assistants - 4 Lawyers at the Supreme Court; 2) 5 general prosecutors and their assistants - Civil Lawyers of Appeal Ships; 3) Senior public prosecutors and public prosecutors in the district courts. The public prosecution service is usually not related to civil cases, but the Prosecutor General and his deputies, the Attorney General at the Supreme Court are authorized to give advice on civil cases permitted by the Supreme Court. The Prosecutor General has the right to file cassation appeal To the Supreme Court (in the interests of the right) against any final decision of the lower court after the exhaustion of ordinary remedies. The Prosecutor General on its initiative initiates criminal cases in the competence of the Supreme Court. Public prosecution service also executes court decisions. The Prosecutor General is appointed by the king for an indefinite period and retires aged 70 years. The public prosecutors of the district courts are appointed by the king on the submission of the Minister of Justice and resign in 65 years. The Prosecutor General is independent of the Minister of Justice. The rest of the prosecutors are formally submitted to him, but in practice independent.
Lawyers play an important role in the justice system of the Netherlands. A university graduate can join the Netherlands Association of Lawyers (in one of the 19th local associations). For 3 years, it works under the beginning of an experienced lawyer, passes courses and exams. There are 3 main types of advocacy: common; social; Commercial business advocacy. Submit the interests of citizens in courts as lawyers and other persons with legal education, for example, "judicial employees". The lawyers who are members of the Association are not entitled to provide legal services In the fields of business and management. The consultative sector is functioning in the person of numerous bureaus of legal aid; Legal aid centers; voluntary legal stores. Trade unions, Municipal Services and Consumer Associations offer citizens free legal advice.

Literature

Dutch legal culture / Answer ed. V.V. Boytsova and L.V. Boytzova. M., 1998.
Code of Holland / Per. Sangle. I.V. Mironova. St. Petersburg., 2000.

Netherlands is a constitutional monarchy with a parliamentary management system. The first constitution was adopted in 1814. Nowadays the Constitution 1983, replacing the main law from 1848.

IN administratively The Netherlands are divided into 12 provinces that have developed historically, and the provinces are 635 communes. The official capital is considered, but the Government, Parliament, foreign representative offices Have a permanent residence in the Hague. Other major cities: Rotterdam (592 thousand people), Utrecht (233 thousand), Eindhoven and Tilburg (200 thousand years old).

In accordance with the Constitution legislature It belongs to the monarch (since 1980 - Queen Beatrix) and the parliament, which is called general states. The monarch appoints the head of the executive authority - Prime Minister - the party leader who received most places in the parliamentary elections, and in his submission - other members of the Cabinet. He also takes the resignation of the Cabinet, opens the annual parliamentary sessions, appoints senior officials of the regional and local levels - the High Commissioners of the Provincial and Burgomistra Communctions. Monarch is the head of the State Council, the Advisory Body, which gives the Cabinet of recommendations on administrative issues and in the field of legislation. At the same time, the law of the monarch is limited by the Constitution. So, the empower of the Parliament can be implemented only with the consent of the parliament itself. He also authorizes the activities of the monarch in the foreign policy field (declaration of war, conclusion of contracts).

Parliament consists of the first and second chambers. The Second Chamber consisting of 150 members has the right to legislative initiative. In the elections, all citizens aged 18 are involved. Deputies are elected on the basis of a majority system direct, universal, equal and secret ballot. Leisure time - 4 years. The last time elections to the second chamber took place in 2003. According to their results, deputy mandates were distributed as follows: HDP 44, PT 42, NPSD 28, Socialist Party 9, List of Fortyne Pima (SPF) 8, "Green" 8, D-66 6, Other 5. The Chairman of the Second Chamber is elected for the term of the legis. Since 2003, this post is occupied by F. Weislas (NPSD).

The first chamber has the right of an undeclose veto in relation to the laws taken by the Second Chamber. Elections in the first chamber are carried out by the Parliaments of the provinces - provincial states - on the basis of a proportional representation for a period of 4 years. In this chamber, 75 deputies. It has the following composition: HDP 20 mandates, NPSD 19, PT 15, "Green" 8, D-66 4, Others 9.

The executive power is carried out by the Cabinet led by the Prime Minister, which forms the Government, leads its activities and is responsible for it. The Prime Minister ensures the fulfillment of laws, is responsible for the country's defense capability, represents the Netherlands in the international arena. Prime Minister is responsible for parliament. The usual period of the Cabinet is 4 years. Since 2003, the post of Prime Minister occupies Jan Peter Balkenend (HDP).

Power at the regional level is carried out by the Council of the province, elected on the basis of proportional representation and legislative functions extending the subordinate administrative territory. The executive committee is elected from the Council of the province. At the chapter of both of these bodies is the High Commissioner of the province. According to a similar principle, management in the communes is organized. Representatives of municipal councils elect residents with direct voting, from their composition a municipal executive committee is nominated. Their burgomaster is headed, also appointed by the Royal Decree.

The party-political system of Netherlands is characterized by a high degree of stability and consensus. Large parties are 16; 7 of them in the last 20 years were at least once in parliament. The most prominent role in political life is played by 4 parties. This is the centered city center (89,000 members, the leader Ya.P. Balkenend), the Liberal NPSD (50,000 members, the leader of Zalm); Social-Democratic PT (58,000 members, leader V.BOS), as well as belonging to the left center of Democrats-66 (12,500 members, leader than grappa).

The peculiarity of Netherlands is the constant absence of any one batch of the absolute parliamentary majority, which causes the creation of coalition governments. They usually include 2, less often 3 batch. Between 1982-2002, the following coalitions were in power: HDP-NPSD: 1982-86 and 1986-89; HDP-PT 1989-94; PT-NPSD-D-66 1994-98 and 1998-2002; HDP-NPSD-SPF 2002-03. The 2002 Parliamentary Crisis, caused by internal disagreements in the SPF Party, led the extraordinary parliamentary elections (Jan. 2003), during which SPF suffered a complete defeat. The coalition government was created in May 2003 from the representatives of the HDP, NPSD and D-66.

Parts that make up the coalition are not always close to each other in political orientation. But the national tradition of consensus, the ability to respect various interests and link them in the negotiation process, no matter how difficult it is to create sustainable and efficient governments formally far from each other demochristians and social democrats and even more so social democrats and liberals. At this, a traditionally calm political and socio-economic background, a surprise was the rapid and obvious success of the immediate extreme right-hand party of SPF, which received in March 2002 more than 1/3 places in the municipal council of Rotterdam and 2 places in parliamentary elections. The main item of the Fortinovtsev program is to reduce immigration and the fight against crime, in their opinion, closely related to the influx into the country of representatives of other civilizations that cannot adapt to the Dutch cultural and economic reality.

Armed Forces Netherlands (51,940 thousand people) consist of a land army, the Navy (12,340 thousand people) and the Air Force (11,300 thousand people). Since 1996, the service is carried out on a contract basis. In 1995, United German-Dutch Air Force were created (28 thousand years.); In 1996, the operational joints of the Royal Navy were combined with Belgian under the general command of the Benilyux naval minister.

Budget costs for the needs of National Defense 1.6% of GDP, incl. 48% - personnel costs, 25% - for weapons.

The Netherlands is a fairly large (scale small country) a manufacturer of conventional weapons, which are used in NATO countries, and are also exported to Latin America and at the Middle East, the share of Netherlands in world trade of weapons in 1997-2001 averaged 4.3%.

Organization state power and management

In the form of the Board, the Kingdom of the Netherlands refers to a constitutional monarchy, meaning that the implementation of all powers has certain limitations and no authority has all the fullness of power. According to the 1983 Constitution, the legislative power belongs to the king and general states, the executive power - the king and the Council of Ministers, the judiciary - the Supreme Court and the lower courts of the Kingdom.

Officially, the head of state is the king (in the Netherlands since 1980, the corresponding functions are carried out by the Queen of Beatrix).

The post of head of state is inherited and belongs to the legal heirs of King Wilhelm Orange-Nassau. The order of the prestiplotia is regulated by the Constitution. Until 1983, the Prepolyasing system in the Netherlands was Castilic (the rule about the priority of sons in front of the monarch's daughters). Currently, inheritance is carried out on the principle of origin (the throne moves to the senior legal heir to the king after his death; if the eldest child dies during the lifetime of the king, his other senior child becomes the heir). If the King has no heirs, the throne moves to the older heir to his father, and in the absence of the last - the throne inherites the eldest in the family (at the same time he can inherit the throne, a member of the royal family, consisting of related to the king, but not more than the third degree).

The rule of the king stops not only death, but also his renunciation. Monarch's renunciation signed in unilaterally, the only side of which is the king. Children born after renunciation, and their successors are excluded from among those inheritance. Entry into marriage without the consent of the legislative body will automatically mean renunciation.

For the giving consent to the marriage of King in general states, a joint session of the Chambers is convened (this prevents the possibility of adopting two different solutions to the parliament with two chambers).

In addition to the inheritance of the throne, it is possible through the destination of the king. The Constitution describes two procedures when it can occur.

First, the heir can be appointed as an act of parliament, which is accepted in the absence of legal heirs. The adoption of such an act requires a special procedure. After making this bill, the king or on his behalf of both the House of General states are dissolved, and after new elections, the Chamber discusses this bill at its joint session. The bill must be approved by a qualified majority of (2/3) of Parliament.

Secondly, the successor can be appointed if after the death of the king or after his renunciation there is no hereditary successor to the king. The procedure in this case is as follows: Chambers are dissolved; New chambers are collected at a joint session four months after death or a monarch renunciation in order to decide on the appointment of the king. As in the previous case, the appointment must confirm a qualified majority in the wards of general states. The appointed king can convey its power only to its legal heirs.

The Constitution considers three cases recognizing the inconvenience of the king.

First, we are talking about the time of the minor (the constitution provides that the king uses its power to achieve the age of majority).

The second case concerns the temporary refusal to the king from the execution of their powers. Both the refusal to execute the authority and the resumption of the implementation of royal authorities are made through the act of parliament on the personal initiative of the king. General States are discussing and deciding this issue at a joint meeting.

The third case relates to the so-called motivated recognition of the king is not impeamable. If the Council of Ministers comes to the belief that the king is not able to exercise its powers, then after receiving the consultation of the State Council informs the general states about it. In this case, Parliament meets at a joint meeting to solve this issue. If the Parliament agrees with the opinion of the Council of Ministers, he declares the incompleteness of the king. It is important to indicate that the king is not losing the throne, but only the ability to carry out its power; As soon as he becomes able to do business again, his power is resumed.

If one of the above circumstances arises, then the royal functions are performed by regent appointed by the Parliament Act. In the absence of the king and regent, the State Council fulfills royal duties.

The constitution is distinguished between the king itself (provisions on the prestiplotia, regency, incompleteness) and the king as part of the government, which acts together with one or more ministers, as well as an important participant legislative process. For the second case, the words "Royal Decree" and "Government" are also applicable, denoting the decisions of the king and one or more ministers.

An important privilege of the king is his immunity (immunity). At the same time, in order to overcome the potential disadvantages of the existence of royal immunity associated with the possibility of abuse by the king of their authorities, the constitutional law establishes the responsibility of ministers and contraosignation of the monarch's acts (any of its acts are subject to approval and signing by one or more ministers that are responsible for these acts adopted by the signature of the king).

In this regard, the minister is responsible to the general states for its own actions and actions of the king inside the government (there was an exception to the second world WarWhen the government was evacuated to London, and Queen Wilhemina took considerable participation in his activities).

In addition, the responsibility of ministers applies to the actions of the king outside the government, namely as the heads of state and when implementing personal rights; In this case, the minister is not authorized to prevent personal acts and the actions of the king, but he can only try to influence the monarch before or after the publication of such an act or performing action.

In addition to immunity, the Constitution provides for other personal rights with which the king possesses, for example, we are talking about its annual content from the state budget in accordance with the rules that are established by the Act of Parliament.

The prerogative of the king as the head of state applies, above all, participation in the formation of a new government after parliamentary elections. Monarch consults with the leaders of factions, chairmen of the Parliament chambers and with the Vice-Chairman of the State Council. According to their recommendations, the king can appoint a "informant", which finds out which parties are willing to work together in the government. In the appointment of an informator, there is no need if you know in advance which parties want to share together the Council of Ministers. The result of the negotiations between these parties is an agreement on the conditions of the formation of the government. In this agreement, the plans of the coalition for the upcoming four-year period of the Board are set. After reaching this agreement, the king appoints a "formator", whose task is to form the Council of Ministers. As a rule, the corresponding formator becomes the Prime Minister of the New Government. New ministers are appointed Royal Decree and are given to the oath of the monarch.

In addition, the king proclaims a throne speech at the beginning of the parliamentary year, when government plans are submitted for the coming year. Also officially the king appoints the highest officer, commissars of provinces, judges, governors and vice-governors of overseas territories. The monarch authority includes the convening and dissolution of parliament, the announcement of war and the conclusion of the world, the disposal of public finances; He owns the right of pardon.

At the same time, the power of the monarch is essentially limited, and its role is more symbolic - the personification of the unity of the kingdom. It carries out workers visits and is present on important events where it is the main figure.

As a deliberative and advisory body, under the head of state, the State Council is functioning, which provides compulsory advice to the Government of the draft laws represented by the Government of the Lower Chamber, on the draft royal decrees, orders in the Council, on proposals for ratification (denunciation) of international treaties, adopts general administrative rules. The opinion of the State Council is necessarily requested by the government when canceling the decisions of the provincial states and their executive commissions. The government is authorized to consult a state council in other cases where the king and government members find it necessary. The State Council may offer advice on their own initiative.

The State Council explores the legal aspects of draft laws, including their compliance with the Constitution of the Netherlands, determines the availability legal grounds following the existing policies, compliance with the basic principles of adequate lawmaking and management, their feasibility and uniformity.

The decisions of the State Council are announced. Consultation of the State Council on government bills is communicated to general states.

In the absence of the king and regent, the State Council carries out royal powers. The State Council has the right to investigate the circumstances of administrative disputes, the decisions on which are accepted by the decree of the king, and to submit recommendations for resolution.

The State Council includes: the king is the chairman (ceremonial role), the heir to the throne and other members of the royal family. In addition, state councils and emergency advisors appointed to solve individual questions In the field of competence of the State Council. The relevant members of the State Council are former statesmen, judges, businessmen and are appointed by the Royal Decree on the recommendation of the Minister of Internal Affairs after agreeing with the Minister of Justice (the minimum age for appointment to the Council is 35 years). They are in position for life (until the age of 70), but may be temporarily removed from office or dismissed by the Council in cases established by the Act of Parliament.

Legislature. The highest representative and legislature in the Netherlands are general states (parliament). Parliament consists of two chambers: upper (first) (75 places) and lower (second) (150 seats). The bikameral parliamentary system was introduced in 1815, it was believed that both chambers of parliament represent the population as a whole.

The Lower Chamber of General State is the Chamber of Professional Policies and is elected by direct universal secret voting on a system of proportional representation for four years.

The Netherlands citizens who have reached the age of 18, with the exception of those who do not have permanent place Residence in the Netherlands and deprived of this basis elective law According to the act of parliament. In addition, the election law does not possess subjected to imprisonment in prison for a sentence of the court for a period of at least one year and at the same time deprived of the rights of the voting, as well as incapable individuals.

The Upper Chamber is elected indirectly on a system of proportional representation for four years. Deputies of this Chamber are elected by deputies of the provinces advice, while the specified elections are held no later than three months after the elections of the provinces advice, unless the Chamber of the previous convocation was not dissolved.

The legal basis of the election campaign in the Netherlands are the electoral code of 1989 and the Law "On the State Financing of Scientific Research Institutions operating under the auspices of political parties" 1975

There are about 75 political parties in the country, while candidates for parliamentary elections usually put forward about 25 parties. At the same time, there are three main currents in the party system: 1) a confessional (Christian-democratic appeal); 2) Socio-Democratic (Labor Part); 3) Liberal (folk party for freedom and democracy). It is noteworthy that the Constitution does not contain the provisions on political parties, while there is no special law. Legal status Political parties are governed by the provisions of the Constitution on the association, the norms of the Civil Code and the Electoral Code. Parties are considered public, and not government organizations that have certain goals.

Places obtained by the list of the party in the elections to parliament are divided between candidates using a quota: First, the places are distributed between candidates who received more than half of the quota; If after that there are unallocated places, priority is given to candidates whose name is recorded above in the list.

Each Chamber of the Dutch Parliament has a regulation (permanent orders), and also elects the chairman from among its members. The chambers work in a session order, while carrying out both separate and joint meetings of the chambers. Joint meetings of the chambers are held when considering the question of the inheritance of the throne and annually when presenting the statement by the Government general Policy. Chambers of Parliament can make decisions without voting by raising hands or rises. Conducting meetings of chambers and the adoption of solutions is allowed only in the presence of most members of the Chamber.

The composition of permanent and special committees of the chambers of parliament is formed in proportion to the number of fractions. Parliamentarian can be a member of several standing committees formed in the wards.

The parliamentary mandate in the Netherlands is incompatible with the post of Minister, the Secretary of State, a member of the State Council, the General Accounts Chamber and the Supreme Court, the Prosecutor General or the Secretary General at the Supreme Court. Parliamentarians are not subject to persecution (in a criminal, disciplinary, civil-law) for all that they said or wrote in parliament and in parliamentary committees; If the parliamentarian abuses the immunity in his oral statements, the Chairman of the Chamber can make him comments, deprive the words or remove from the meeting room.

Each chambers can be dissolved by the decree of the king. At the same time, the corresponding decree should contain provisions on holding new elections of the Chamber and its convocation no later than three months. At the same time, the term of office of the Second Chamber, convened as a result of the dissolution of the Chamber of the previous convocation, is established by the act of parliament and cannot exceed five years. The term of office of the first chamber, convened as a result of the dissolution of the Chamber of the previous convocation, ends on the day, in which the term of office of the Lucked Chamber was supposed to end.

The publication of laws is the most important direction of the activities of general states. The first chamber recognizes the political rule of the lower chamber. Only the Lower Chamber may initiate the adoption of the law and the amendment to it, and all the bills are made in this particular chamber. At the same time, the upper chamber does not have the right of legislative initiative and cannot make amendments to the bill approved by the Lower Chamber. The functions of the upper chamber are reduced to the approval of bills already developed and adopted by the Second Chamber; The corresponding chamber can only reject the bill.

According to the Constitution, parliament exercises legislative authority together with the monarch, in connection with which, in addition to the Lower Chamber, the bills may be represented by the king and on his behalf. The government introduces 95% of all bills signed by the king, while parliamentarians mainly discuss bills and control ministers; The Ministry of Justice is primary responsibility for government legislative policies. The State Council gives assessing government bills before making them for consideration by Parliament. Some bills prepared by the government are examined by the Social and Economic Council.

The bill must be approved by the king and the minister's countessign. Despite the fact that the monarch is formally endowed with the right to deviate a bill, in practice the relevant possibility is never used. Laws come into force a month after their publication in the official bulletin.

General states are endowed with significant powers in the financial and budget sector. After the opening of the next session, the Council of Ministers is provided to the lower chamber of the draft law on the budget. After its approval, the bill is heading to the upper chamber, after which it is transmitted to the approval of the king.

Another important activity of the Netherlands Parliament is to participate in the formation of government bodies and the implementation of their activities. First of all, we are talking about the influence of the Parliament on the formation of the government. Although formally the purpose of the ministers is carried out by the king, appropriate appointments are made only in relation to a particular party or coalition of parties, which has most places in the lower house of parliament. As part of the control over the activities of the Government, the General States may make a vote of distrust in relation to both individual ministers and the Council of Ministers in general (in this case, the government is resigned, or a decision on the dissolution of parliament is made, while in accordance with the Constitutional Agreement the government cannot dissolve Parliament more than 1 time for one reason). General States can be investigating the activities of ministries through the creation of special commissions. In addition, every parliamentarian has the right to ask questions to ministers (their deputies). At the same time, the use of the right to interpline (oral debate with a member of the government) is allowed, which requires the approval of the House of General States.

The powers of the Lower Chamber also applies to the appointment of the national ombudsman, participation in the appointment of the judges of the Supreme Court and officials of the General Accounts Chamber.

Executive. Before the Constitutional reform of 1983, the Constitution proclaimed that the head of the executive power is the king, however, from the moment of this reform, the Constitution does not contain direct instructions on who owns the executive. The Constitution provides that the government consists of a king and ministers that form the Council of Ministers, and responsibly in front of the general states.

Members of the Council of Ministers are officially appointed by the king, and actually put forward by parties of the parliamentary majority. Due to the fact that, as a rule, the parties do not receive the majority in parliament, the government has a coalition character. Chairman of the Lower Chamber - a personal adviser to the monarch in the formation of the government. The Council of Ministers is based on a political balance in the lower chamber. In addition, the monarch can consult with the chairman of the Upper Chamber and the chairmen of its factions, however, the Top Chamber factions play a less significant role in creating a coalition government. The composition of the coalition government does not always reflect the election results in the Netherlands. Thus, in contrast to the previous period, when the ministers functioned as servants of the crown, currently their main role is to submit a parliamentary majority that has been included in the government coalition.

The chairman of the Council of Ministers is the Prime Minister, whose powers are very limited. In particular, he does not participate in the appointment of ministers; Due to the fact that the Government coalition, the Prime Minister divides power with the leaders of other political groups presented in the Council of Ministers; He is not entitled to shift the minister without approval of the party and may be an arbiter between the ministers only with their consent. The ratio of the cooding between the prime minister and the ministers is absent.

The new Council of Ministers during the first appearance in parliament makes a government statement. The government in the annual throne speech, pronounced by the king, informs the parliament about his policy; The government program, as a rule, reproduces a coalition agreement.

The competence of the Council of Ministers includes the following issues:

Preparation of draft laws and acts government controlled;

Conclusion of international treaties and intergovernmental agreements;

Maintaining diplomatic relations with other states;

Budgeting;

Management by ministries and lower executive authorities;

Direction to the king of proposals on the appointment of senior officials of the civil and military administration, governors and vice-governors of the overseas territories and authorized king in the provinces.

As already noted, the ministers, and not the king, are responsible for the activities of the government. At the same time, the king is not entitled to act in the government without the Minister: each law and each decree signed by the king are additionally signed (smoking) by the minister or ministers. It is noteworthy that in practice, ministers take the initiative to prepare royal decrees on themselves, despite the fact that the king is formally free to make its own proposals for the publication of such decrees. The discussions between the ministers and the monarch are kept secret, which warns the involvement of the king into political disputes.

It is customary to distinguish the following types of ministers. First, ministers may be subjected to criminal liability in the performance of certain offenses, for example: an intentional violation of the Constitution or the norms of nationwide management; The fulfillment of the decree of the king, not a contrainated minister. In this case, the Minister for the decision of the king and the lower chamber of general states should appear before the Supreme Court, but there were no such situations in practice.

Secondly, we are talking about the political responsibility of ministers in front of the general states, when the parliament does not support government proposals and makes a vote of distrust (practiced from the 1840s).

Thirdly, as a result of erroneous actions related to payments that are not covered by the budget, the Minister shall be financially responsible. In addition, in certain cases, the Minister may carry civil liability, which is governed by the Civil Code.

The role of the socio-economic council, which is the advisory authority of the government for a number of socio-economic problems. The Council operates in 45 members: 15 are appointed by entrepreneurs, 15 - trade union and 15 - state (including the Chairman of the Board Central Bank, Chairman of the Central Bureau of Planning, University Officials, Consumer Protection Organizations). In this regard, the Council has a three-stated structure (representatives of the organizations of workers, employers and experts appointed by the Government).

Judicial branch. Legal regulation The Netherlands judicial authorities are based on the Constitution and the Law "On Judicial Organization" of 1827 (with amendments of 1911 and 1971), which differ in two categories of ships: the courts of general and special jurisdiction.

To the competence of ships general jurisdiction Cases arising from relations settled by civil and criminal law.

The system of courts of general jurisdiction is organized on the following levels.

At the head of the judicial system there is a Supreme Court (established in 1838), considering some categories of affairs in the first instance and speaking by the highest cassation.

As the first and last instance, the Supreme Court permits cases of deputies and former deputies of general states, ministers and other senior officials in the offenses committed by the relevant persons during their stay in office, in the manner prescribed by the Act of Parliament.

The Supreme Court considers as the highest and last instance of the cassation complaints of the accused and public prosecutor to solve subordinate courts and supreme courts of the Netherlands Antille Islands and Islands of Aruba, as well as the statements by the Prosecutor General at the Supreme Court of Cassation in the interests of the right to decisions under which improper norms are applied Rights or when making procedural norms.

In cases and in the manner prescribed by the Act of Parliament, the Supreme Court may be canceled in the order of cassation of the decision of the lower judicial bodiesIf they violated the law. The Supreme Court provides uniform interpretation and application of laws throughout the country, and also plays a significant role in the development of law.

The Supreme Court of 26 people has a Chamber of Civil Affairs, the Industrial Chamber, the Chamber, considering tax affairs and issues related to expropriation, the Chamber of Criminal Cases, the Chamber, which resolve disciplinary affairs for judges. At the same time, the largest chamber, considering tax matters (it consists of 11 members, while, for example, chambers in criminal and civil cases - respectively out of ten and nine members).

Appeals courts (their five; located in Amsterdam, Arnhem and other big cities) are considered in collegial order (out of three judges) for decisions and sentences of district courts in civil and criminal cases. In these courts there are chambers (sections). The relevant sections of the appellate courts disassemble complaints about the decisions of administrative bodies on tax credentials. In the appellating court of Arnhem, there are branches where complaints about solving cantonal courts on land lease issues and to refuse to issue licenses. One of the chambers of Appeal Court Amsterdam considers disputes associated with the activities of companies.

District courts are formed in 19 court districts, which are divided by the territory of the Netherlands. The corresponding courts are considered at first instance all civil and criminal cases, except for the least significant, as well as complaints about solving cantonal courts. Such complaints, as well as the most serious and complex cases on the first instance, listen to the colleges of the three judges, most of the cases (including the crimes punishable by a fine or imprisonment for up to six months) are solely disassembled by the judges.

Until 1998, the lower judicial authority was 62 cantonal (sub-service) courts, in which the judges solely disassemble insignificant civilian disputes (with the sum of up to 500 guilders) and cases of criminal acts belonging to the category of financial and economic and transport misconduct. In 1998, the sub-armored courts were integrated into the district and formed the courts of first instance (consider claims for minor amounts, all issues related to hiring, and family deeds); However, the right to appeal the sole solutions of the judge to the district court is preserved.

The judges are appointed to the position of Decree of the King (in fact, the Minister of Justice calls the candidates of judges recommended by the court, where there are corresponding vacancies). The members of the Supreme Court are appointed by the king (in fact by the government) from the list of three persons represented by the Lower Chamber of Parliament, which usually includes persons who are heading the list of names submitted by the Supreme Court.

The judges are appointed for life and they are displaceable. Their powers are terminated by resignation or achievement more than age (70 years). The judges can be removed from office or dismissed from the post by decision of the relevant court in cases established by the Parliament Act (for example, on the basis of apparent unsuitability).

An important requirement The activities of the courts of general jurisdiction are the vowel consideration of affairs, except in cases established by the Act of Parliament; availability in court decisions legal Justification; Public announcement of solutions.

Jury Courts functioned in the Netherlands for long (1811-1813). Currently, persons who are not judges are not involved in the administration of justice along with the judges (although such an opportunity is provided for by Art. 116 of the Constitution). However, the exemption is the presence of two judges and a serviceman as part of the military branches of the district and appellate courts, and in the department for consideration of prisoners - three judges and two psychologists' experts.

Significant assistance to the judge in the preparation of cases is provided by Clerk (secretary), which has legal education. In addition, there is a post of Baylyifa, which has no legal educationBut successfully passed state exams. Beelif sends the defendant agenda on the appendix to court and payment requirements, acts bailiff, executes court decisions, carries out notarial actions, imposes an arrest to real estate and sells it at auctions in order to return debt to the creditor.

Feature The judicial system of the Netherlands is the lack of the Institute of Special Opinions: the court acts as a single body when making decisions.

The courts of special jurisdictions allow cases arising in the field of family, labor, tax law; They consider citizens' complaints on unlawful actions (inaction) of public authorities.

In particular, administrative courts are functioning in the Netherlands, considering complaints of civil servants on solitude administrative instances or statements of citizens on unlawful actions (inaction) executive bodies.

In addition, there are disciplinary courts that control the observance of professional codes of behavior. According to the law "On the Lawyers" of 1952, the behavior of lawyers control 19 special disciplinary vessels; Their appeal is possible at the Disciplinary Court of Appeal in Utrecht. Among these courts, public disciplinary courts are allocated, considering cases of negligent treatment of patients.

An important trend is the integration of special courts into a system of common courts (since 1991 military courts have abolished, and in 1992 - special courts on social security issues that were included in the system of district courts).

In the Netherlands, extrajudicial dispute resolution institutions (arbitration) are widespread. Arbitrators can be elected at the request of the parties, often choose them from among experts in a particular area. For example, trade unions organize commissions to resolve consumer complaints; The media establish arbitrators for consumer collective affairs; There is an institution of divorce mediators.

The Netherlands Prosecutor's Office personifies the public prosecution service that functions at every court. The relevant service consists of the following links:

Attorney General at the Supreme Court of the Netherlands and his assistants - four general lawyers at the Supreme Court, providing the Supreme Court of Tips related to the revision of the case;

Five general prosecutors and their assistants - Civil Lawyers of Appeal Ships;

19 senior public prosecutors and public prosecutors in district courts and cantonal courts.

Employees of public prosecution services do not act as representatives of the state in civil cases, special lawyers are fulfilled.

However, the Prosecutor General and his deputies, the general lawyer at the Supreme Court are authorized to give advice on civil cases permitted by the Supreme Court. The Prosecutor General has the right to submit a cassation complaint to the Supreme Court in the interests of the right against any final decision of the lower court after the exhaustion of ordinary remedies. The Prosecutor General on its initiative initiates criminal cases in the competence of the Supreme Court. Public prosecution service also executes court decisions.

Public prosecutors are appointed by the king for an indefinite period and resign in 65 years (the Prosecutor General - at the age of 70); The Prosecutor General is independent of the Minister of Justice; The rest of the prosecutors are formally submitted to him, but in practice independent.

Local self-government and management

For the first time, the law regulating the activities of municipalities was adopted in 1848. At that time, three domineering levels have already been established: the central government, regional (provincial) power and the city.

Currently, issues of the organization of public authorities at the local level in the Netherlands, as well as its relationship with the central authorities, are regulated by the Constitution, laws on local authorities, "On Provinces", "On the financial relationship between local bodies and the Central Government "and other acts.

The Kingdom of the Netherlands is a decentralized unitary state, which includes three types. territorial collectives. The administrative-territorial unit is the province, the total number of which is in the Netherlands 12: North Holland, South Holland, Utrecht, Zeyland, North Brabant, Limburg, Helderland, Overalesel, Groningen, Drenthe, Friesland, Flevolandia - Last Province, established in 1986. Relevant The provinces, in turn, are divided into municipalities (their 478; while the largest municipality of Holland is Amsterdam). The provinces and municipalities can be abolished and established in accordance with the Act of Parliament (their administrative-territorial device is also established by the Act of Parliament).

It should be emphasized that the number of municipalities decreases, since the state seeks to improve the effectiveness of administrative management through the reorganization of municipalities (most often with their association). In addition, there are two overseas possessions in the Netherlands (due to their presence, the unitary nature of the state-territorial structure of the Netherlands acquires signs of federalism).

The Constitution establishes the rule of the central authorities and the unity of the vertical of government, while the local government is a kind of continuation of the central government in the field. However, the relationship between the central and local authorities Are not rigid hierarchical. Territorial decentralization embodies the province and municipality, which are autonomous publications with certain independence (with their rights gradually expand). In addition, functional decentralization implies the rule-making and administrative authority of water management authorities, consumer councils, the main industrial councils and industrial councils.

According to the Dutch legislation, the provincial tasks include: supervision of local authorities and water management bodies; repair and construction of waterways, gateways, roads, channels; Waste placement; Planning in cities and rural settlements, expressed in the development of regional plans for the development of the territory and approval of local plans for the use of land; Planning, organization and subsidization of charitable activities. In turn, the municipality solves the following tasks: providing public order, solution of housing issues, environmental protection, waste disposal, subsidizing public education, preservation of monuments and support for art.

The provinces and municipalities can independently accept decisions on cases that relate to their competence. At the same time, these decisions should not contradict the existing legislation at the central level (the Constitution, the laws, orders in the Council or the Resolution of Ministers), and if we are talking about municipalities, the rulings should not contradict the decrees acting in the relevant province. The provinces and municipalities are obliged to cooperate when performing acts of national state bodies. According to the provisions of the Constitution, the decisions of the provincial bodies and municipalities are subject to preliminary control by the central government in cases established by the Act of Parliament or in accordance with the Parliament Act. At the same time, solutions to the provincial bodies and municipalities can be canceled by the Royal Decree if they contradict the law or public interests.

The political authority of the provinces and municipalities largely reproduces the overall national model of the public authority.

The head of the province is the authorized king (Royal Commissioner), which represents the center in the province. He is appointed by the Decree of the king for a period of six years (on the appointment of royal commissioners to the Netherlands, many complaints from international organizations, in particular, the Council of Europe, which considers such an order undemocratic and calls on the Dutch to move to the electoral system). The Royal Commissioner is the chairman of the provincial council and the provincial government; conducts meetings of the relevant authorities; It has a number of special powers, especially when declaring emergency.

The function of the general guidelines of the provincial affairs is carried out by a provincial council, the number of deputies of which depends on the number of residents in the province. Deputies of the provinces of provinces are elected directly by citizens of the Netherlands, who constantly live in the provinces and meet the electoral qualities established for the election of the second chamber of general states. The election occurs in accordance with the system of proportional representation in the manner prescribed by the act of parliament. The term of office is four years. Provincial Council elects the provincial government from its composition (Executive Committee) for four years and controls its activities. The provincial government reflects a political representation in the provincial council. Together with the Royal Commissioner, the provincial government performs executive and administrative activities in the province.

In turn, the management system at the municipal level is organized as follows. The head of the municipality is the mayor (burgomaster). The burgomist is appointed by the Decree of the King for a period of six years and is a representative of the center in the municipality. Often, the municipalities burgomaster takes a dominant position due to its competence in management issues, and also because it is the only serving in the municipality working full time. He has the sole authority in the field of maintenance public order And it is responsible for the municipal council, supervises public meetings. Burgomaster is the head of the local police and in cases of rebellion, serious unrest or disaster gives orders necessary to maintain a public order or limitation of danger. In some cases, burgomaster performs administrative functions: it is obliged to inform the provincial executive bodies on decisions taken municipal bodiesIf, in his opinion, they contradict the laws or public interest.

The municipal council is a representative body of the municipality. Council deputies are elected for four years by citizens of the Netherlands who constantly live in municipalities and meet the electional qualities established for the election of the second chamber of general states. The election occurs in accordance with the system of proportional representation in the manner prescribed by the act of parliament.

Burgomaster together with several advisers (Aldermen) form a collegium that is a municipal government (magistrate). Aldermen are appointed by the municipal council from among their members. The magistrate is responsible to the municipal council for his actions.

Sources of income for the provinces and municipalities are their own income (in particular, in the form of real estate taxes, fees and duties) and special payments from the state with a prescription on their targeted expenditure. In addition, the provinces and municipalities receive shared funds from the provincial and municipal fund.

Water management bodies initially responded: for the safety of water, dam; draining land, their protection against natural disasters; Transport communications. The relevant authorities are not available in all provinces and municipalities, but are usually located, as a rule, by the flow of large rivers. The specifics of the functions of water management organs are predetermined by the peculiarities of their geographic location; They were formed independently of each other, and their powers are not the same. Water management authorities are established and abolished on the basis of acts of provincial councils (in recent decades, their number has been significantly reduced). The Executive Committee of the Water Management Authority consists of elected representatives of land owners and large buildings that are interested in the functioning of these bodies. The Chairman is appointed by the decree of the king on the basis of the recommendation of the Executive Committee for six years.

Water management bodies can end with the right to accept registered acts, charge taxes from owners, enjoy real estate and impose fines for water pollution. Unlike the provinces and municipalities, these bodies do not receive funds from the center and function due to the financing of interested groups.

The Kingdom of the Netherlands has two overseas owners: the Netherlands Antilles and Aruba Island.

The Netherlands Antilles are located in the Caribbean, have a length of 800 square meters. km and consist of the islands: Bonaire, Curaçao, Saba, Sint-Eustatius and part of Saint-Martin Island. Aruba Island is also located in the Caribbean, in the Small Antilles Group, its territory is 193 square meters. km. Since 1986, Aruba island out from the Federation of Antille Islands and received the status of the territory of the Kingdom of the Netherlands with the rights of internal autonomy. It is noteworthy that Saint-Martin Island, referring to the right of self-determination, in 1988 announced the need to raise the question of his future constitutional status In the kingdom, since the management system of the Netherlands Antille Islands does not meet the interests of various islands.

According to the Charter of the Kingdom of 1954, the Netherlands Antilles and Arub Island are part of the Kingdom of the Netherlands and enjoy autonomy internal affairs (have the status of self-governing territories). At the same time, the independence of the islands is limited by the principle of maintaining the unity of the kingdom and ensuring the interests of another country of the kingdom (for example, external relations and defense are within the competence of the Kingdom; Antilles and Aruba Island have the right to decide whether the International Kingdom Agreement is applied on its territory, as well as Participate in the conclusion of international treaties affecting their interests).

The King of the Netherlands is the head of the kingdom and each of the two overseas territories. The Government of the Kingdom is expanded by the inclusion of ministers representing the Netherlands Antilles and Aruba Island. Parliamentary bodies of the latter inform the Netherlands parliament about their opinions on bills concerning the whole kingdom. Supreme Court The Netherlands also serves as a cassation court of relevant possessions. Unlike the State Council, which includes representatives of the Antille Islands and the islands of Aruba, the judges of these overseas territories are not presented in the Supreme Court.

The kingdom and government of the Kingdom are represented in the Netherlands Antilles and Arubian governors.

The Netherlands Antilles and Aruba have their own legal systems and, accordingly, the Constitution.

The Constitution of the Netherlands Antille Islands of 1955 proclaimed the independence of the island territories in managing their affairs. It establishes that the Parliament of the Antille Islands represents the whole nation (there is no such nation in reality). In matters of internal management, legislative power belongs to a unicameral legislative assembly, which is elected by general elections For four years and consists of 22 members. The laws adopted by the Legislative Assembly and the Government of the Netherlands Antille Islands are subject to approval by the Governor. Executive power is carried out by the governor through the advisory board and the Council of Ministers. The Council of Ministers and the Advisory Council perform functions similar to those carried by the Council of Ministers of the Kingdom and the State Council of the Kingdom. The Netherlands Antilles Court considers cases of first instance, and also acts as a Court of Appeal; The corresponding possession has its own public prosecution service.

When leaving in 1986, a new constitution was adopted from the Federation of Netherlands Antille Islands, which was simulated on the basis of the Constitution of the Netherlands 1983. The project was prepared by the Council of Ministers of Aruba Island and received the approval of the Kingdom Government. However, in contrast to the Constitution of the Kingdom, the Arubi Constitution, when transferring fundamental rights, contains detailed articles on the rights to freedom and security, on the possession of property based on the text of the European Convention on the Protection of Human Rights and Basic Freedoms (including Protocols to it); The constitution provides for judicial control legislation for constitutionality. The Aruba Constitution contains chapters about the government, Parliament, Consultative Council, General Accounts Chamber, Legislation and Management, Legal System and Judicial Authority, the procedure for amending the Constitution. The structure of public administration on the island of Aruba is similar to the appropriate structure at the Dutch Antilles.

Netherlands - general about country

The name of the country: Netherlands (Kingdom of the Netherlands, Holland).

Geographical position: The state of the Netherlands is located on the continent of Eurasia, in the North-West of Europe. From the West and the North is washed by the Northern Sea (the length of the coastline - 451 km), borders with Germany (577 km) and Belgium (450 km).

The area of \u200b\u200bthe land: 41.5 thousand km².

Capital: Amsterdam (743.4 thousand inhabitants).

Political device:The Kingdom of the Netherlands is a constitutional monarchy with a democratic parliamentary system. Head of State - Queen Beatrix, Prime Minister-Mark Rutte. The party-political system of the Netherlands is characterized by a high degree of stability and consensus. Large parties are 16; 7 of them in the last 20 years were at least once in parliament.

Main Parties of the Netherlands:

• Christian Democratic Call
• Labor party
• Socialist party
• People's Party for Freedom and Democracy
• Party of Freedom
• Green left
• Christian Union
• Democrats 66.
• Animal protection party
• Reformist party
• Pride of the Netherlands

Administrative and territorial division:In the form of a state-territorial structure of the Netherlands - a decentralized unitary state. Power is divided into three administrative levels: the state, provinces and municipalities. The state performs work at the national level. Provinces and municipalities are decentralized power entities.

The Netherlands are divided into 12 provinces: Drenthe, Flevoland, Friesland, Gelderland, Groningen, Limburg, North Brabant, North Holland, Over-Eisel, Utrecht, Zealand, South Holland. The functions of the provincial authorities include environmental protection, space layout, energy support, social Security, sport and culture.

Management in each province is carried out by provincial states, deputies of the provincial states and the Royal Commissioner. elective system.

In the Netherlands there are 478 municipalities. Their number decreases, since the state seeks to improve the efficiency of administrative management through the reorganization of municipalities, most often a simple association.

In the Caribbean, the north of Venezuela is located the Netherlands Antilles, which include Islands: Bonaire, Curaçao, Saba, Sint-Eustatius and part of Saint-Martin Island. The total territory is 800 km², the population is 194 thousand people. Official language - Dutch. Administrative center - Villemstad.

General characteristics of the country

Physico-geographical characteristics

Climate:The climate is moderate, marine, characteristic of a non-fit summer and a fairly warm winter. The average temperature of July 16-17 ° C January is about 2 ° C on the coast and slightly colder in the continent. In winter, anticyclones invaded from Eastern Europe, the temperature drops below 0 ° C, the snow falls, and the canals and lakes are covered with ice. Average annual precipitation - 80 centimeters, but in the inner provinces there are somewhat less.

Vegetation: Forests cover 7.6% of the country's territory. On the slopes of the valleys there are beech, ram, oak, the ash, white poplar, elm mixed up to them. In the conditions of a wet climate and a flat lowline relief in the Netherlands there were favorable conditions for the formation of swamps. Characterized by the abundance of berry shrubs and flowering plants. Dubov-birch forests, alternating with heather empty and swamps, grow on sandy hills. The shrubs (rock, rocket, juniper) occur on the wastelands.

Animal world:In the process of mastering the territory of the Netherlands, many species of wild animals were ousted out of their habitats. Nevertheless, there are quite a few birds in the country, especially waterfowl. Many rare animal species are protected in national Parks and reserves. Preserved mainly, those species of wild animals that live on raw meadows, in water bodies and canals. There are about 180 species of birds in the Netherlands. In the north of the country, on the shallows of the Watt Sea, separating the Western Frisian Islands from the mainland, the whitefly geese, short-flip-flops, whites, Internet barrels, mass of chaps and honeycombs. In addition, the southernmost population of Gaga lives here. The abundance of chibis and large springs is characteristic of marches. On the coast itself, large crocks, herbalists, turokhatans are common. National Bird of the Netherlands - Complets. Delta Reina, Maas and Shelda is known as the place of wintering and resting birds on the span. The rearmen of the channels are attracted to the wintering of gray geese, as well as chirkov, packers, crocks, pubs. Among the nesting species there are reed Lun, the marsh owl, a shepherd, the mogon, the pretty tit and fill. Also in the Delta region on the overgrown shores, the minor bays were widely settled ondatra. The northern coast of the Netherlands lives seals, whose fishery is limited, and in some areas it is completely banned. In large forests, forest mouse, protein, rabbit, roe, and representatives of the Kunih family are found. For herasshed waste, TETEREV and large crocks are characterized, and for coastal dunes - wild crumbs. The sea is rich in fish - cod, herring.

The soil:In the north and east, Derkovo-Palevo-proliferated soils developed on sand sediments. For these soils, a humus horizon is characterized by a capacity of up to 20 cm with a humus content of more than 5%.

Natural resources:The main resources of the Netherlands are natural gas, oil, salt, sand, gravel, agricultural land.

Rotterdam has the largest port in Europe, with rivers Mesom and Rhine, providing excellent access to internal areas, upstream to the Basel, Switzerland, and France. The main actions of the port are petrochemical industries and total cargo transportation and overload. Harbor functions as an important point transit for wholesale materials and between the European continent and abroad. From Rotterdam, goods are transported by a vessel, river barge, train or expensive.

Extremely mechanized agricultural sector hires 4% of the workforce, but provides large excess for the food industry and for export. The Dutch third discharge around the world in the values \u200b\u200bof agricultural exports, behind the United States and France, with exports earning $ 55 billion annually. The essential part of Dutch agricultural exports was obtained from new cuts, colors, and bulbs, with the Netherlands exporting two thirds of the total in the world. The Netherlands also export a quarter of all world tomatoes, and one third of the exports in the world of chili and cucumbers.

The Netherlands economy is aimed at the overseas market. The share of exports in the economy of the Netherlands is 51% and is the largest among Europe. Most exporters work in wholesale trade, Industry and Transport. The main specialization of the Netherlands exporters - raw materials and high-intensity products (chemistry, food industry, agriculture and petroleum products).

The history of the country's development:The Netherlands were settled since the last glacial period (when there was a tundra with scarce vegetation in the country), and the oldest trail of human activity about a hundred thousand years. The first inhabitants were hunters and collectors. At the end of the glacial period, the territory was settled by various Paleolithic groups. About 8,000 years before our era, a mesolitical tribe lived in the country, and in the next few millennia, an iron age has occurred with a relatively high standard of living.

During the arrival of the Romans, the Netherlands were populated by Germanic tribes, such as TUBANTS, Kanine Fathers and Frishes, settled there about 600 years before our era. Celtic tribes, such as EBUONA and Menaapia, settled the south of the country. At the beginning of Roman colonization to the country, the German tribes of Batava and Toksandra arrived. In the period of the Roman Empire, the southern part of the current Netherlands was occupied by the Romans and became part of the Province of Belgik, and later - the province of Lower Germany.

In the Middle Ages, the lower countries (approximately consisting of the current Belgium and the Netherlands) included various counties, duchy and dioceses that were part of the Sacred Roman Empire. They were combined into one state under the rule of the Habsburgs in the XVI century. After the distribution of Calvinism, a counterfeit was followed, which caused the split in the country. Attempts by the Spanish King Philip II centralize the state led to an uprising against the Spanish domination under the leadership of Wilhelm I Orange. On July 26, 1581, the independence of the country was proclaimed, officially recognized by other states only after the eighty-year-old War (1568-1648). During the war of independence, the "Golden Age" of the Netherlands, the period of economic and cultural prosperity, which took the entire XVII century began. Wilhelm I Orange is considered the founder of independent Netherlands.

After the cessation of the French occupation at the beginning of the XIX century, the Netherlands turned into a monarchy under the rule of the Orange House. In1830, Belgium finally separated from the Netherlands and became an independent kingdom; Luxembourg gained independence in 1890. Under pressure from liberal politicians, the country in 1848 was transformed into parliamentary democracy with the constitutional monarch. Such a political structure has been preserved until this day, with a brief break during the fascist occupation.

During World War II, the Netherlands preserved neutrality, but during the Second World War, Germany was occupied during five years. In the course of the German invasion, Rotterdam was bombarded, during which the center of the city was almost completely destroyed. During the occupation by the victims of the Holocaust, about fifty thousand Dutch Jews became.

After the war, the rapid restoration of the country began, which was promoted by the Marshall Plan organized by the United States of America. Thanks to this, the Netherlands quickly managed to become a modern industrial country. State independence acquired former Indonesia colonies and Suriname. As a result of mass immigration from Indonesia, Turkey, Morocco, Suriname and the Antille Islands, the Netherlands became a country with many cultures and a large proportion of the Muslim population.

In the sixties and seventies, large social and cultural changes occurred. Catholics and Protestants began to communicate more with each other, and differences between classes were also less noticeable due to the growth of the standard of living and education. Economic rights Women expanded much, and they increasingly began to occupy high positions in enterprises and in the government. The government began to take care not only about economic growth, but also about protecting the environment. The population received extensive social rights; Pensions, unemployment benefits and disability have become among the highest in the world.

March 25, 1957 The Netherlands became one of the founders of the European Union and in the future did a lot for European integration. However, on the referendum on the European Constitution in June 2005, more than half of the Netherlands voted against its adoption. Thus, the Netherlands became the second country, rejected the project of the Unified EU Constitution (after France).

Cultural features

Floriculture:Tulips are given a special place in Holland. From the end of March to the end of May, the fantastic exhibition of colors is held in the park Köntenhof. The plantations of bulbous colors extend along the entire Dutch coast from Kauta to Den Helder. In April and May, the whole area is covered with a multicolor carpet with an area of \u200b\u200bmore than 17,500 hectares.

Cheeses:The Netherlands - the world's largest exporter of cheese, and, above all, are famous for their Gaud and Edam cheeses. Both varieties are prepared from cow's milk. The difference is only in the recipe. For Edam cheese, milk is needed half to deflect. For Gaudsky, one-piece milk is used. Edam cheese you find out on its round form, and Gaudsky has a more flat shape, and looks like a wheel. Cheese market in Alkmaar is one of the most famous. It is held every Friday in the morning from April to October.

Clapins:Clapins were originally in the Netherlands traditional shoes of commoners. Only rich could afford shoes. Until today, more than 3.7 million pairs of Clapinov per year are produced in the country. In cities they are no longer worn, but people working on Earth are still used. In crumpets warmer and land than in rubber boots. Previously, Klmpenes were part of the traditional folk costume.

Mills:Whole collections of windmills can be observed in Dutch villages and cities. The windmill was invented in the middle of the XVI century, which could pump water to a higher level. This event was a breakthrough in the struggle of a person with the elements.

Population size:15.8 million people.

National composition: Dutch - 94%, Moroccans, Turks and others.

Confessional composition: Catholics (34%), Protestants (25%), Muslims (3%) and others. Do not consider yourself followers of any religion of 40% of the population.

Average life expectancy: 79.25 years
Men: 76.66 years
Women: 81.98 years

The ratio of men and women practically not changing from 1980 is 49.5: 51.5. In the cities there are 82% of the inhabitants, the majority in the industrial and transport agglomeration of Randstad, including Amsterdam, Rotterdam, Hague, Delft and Utrecht.

The level of education: The Netherlands system of education, unlike British or American, is not based on two degrees of diplomas. Each student receives a doctoral diploma, which is issued after 4 years of day training on some disciplines and after 5 years in the field of engineering business, natural sciences and agriculture. Higher education It is considered not completed if the academic program is interrupted before the student fulfills all learning requirements. The peculiarity of the Netherlands education system is in the relationship and continuity of all its links, which allows you to go from one level to another and, following by different training routes, get a diploma of the desired degree. This circumstance for foreign students is particularly important: in the case when the learning process in the early years proceeds slowly and difficult, it is possible, going from the level to the level, go through the program again.

The main occupation: Trade, industry, agriculture and services.

Economic characteristics

GDP: The GDP of the Netherlands amounted to 862.9 billion US dollars. GDP per capita amounted to -51 657 billion US dollars

Currency: Euro (until 2002 - Netherlands Gulden).

The volume of annual budget and external debt: The income is 356 billion dollars, consumption of $ 399.3 billion for 2010.3.733 TRL. Dollars external debt as of December 31, 2009.

Characteristics of the main industries, s / c. and worldware connections:The Dutch industry can be divided into large industries specializing in exports and small industries focused on the production of products for the domestic market. Export sectors are: metallurgical, machine-building, electrical, chemical and food industries. In terms of production from all industries, it is allocated: petrochemistry - 27% of turnover, the food industry - 27%, mechanical engineering - 12.4%. Thenelands cooperate and export to Belgium, France, Italy, Sweden and the United Kingdom.

Characteristics of the country's regions

Questions	South Holland	North Holland
Availability of natural resources	brown and stone coal	natural gas
World Economy Branches developed in this region	fisheries, Agriculture, Fuel and Energy Industry	sheep, fishing
The development of which industries is potentially possible due to the most favorable economic and geographical conditions.	production of electricity, production of machinery, appliances, equipment, production of ferrous and non-ferrous metals	production of fabrics, wool and products from wool, meat products, dairy products, leather, production of electricity
Assessment of tourist resources	favorable conditions in almost all areas for the development of tourism	a large number of potential and progressive resources, allowing to continue to successfully develop the tourist market
What types of tourism are developed	wellness, beach, excursion, water	excursion, Wellness, Sports (Bicycle Tourism), Water Tourism (Diving, Surfing)
Assessment of the tourist market	promising market, due to cultural, natural and entertainment resources	perspective market, as there are many options for its development in different directions and spheres
What types of tourism can potentially be developed in this region, due to a favorable resource-infrastructure base	water, Beach, Ecotourism, Gastronomic, Cultural, Business Tourism	business Tourism, Ecotourism, Shopping-Tourism, Gastronomic, Educational, Cultural

I allocated two data from the region, as they are among the most densely populated and large regions of the Netherlands, with a large number of natural and industrial resources. Due to the mild climate and location along the seashore, both tourism and agriculture are successfully developing in these two regions.

The Kingdom of the Netherlands is a constitutional monarchy with a democratic parliamentary system. Now the current Constitution adopted by Parliament on February 17, 1983, and replaced the Constitution of 1814.

The Netherlands are divided into 12 provinces (Drenthe, Flevoland, Friesland, Gelderland, Groningen, Limburg, North Brabant, North Holland, Over Eisel, Utrecht, Zealand, South Holland). The provinces have a selected self-government body - provincial states elected for four years (elections were conducted in March 1999). The head of the provincial states is the Royal Commissioner. Residents of communities choose the Council for four years. His executive body is a board of Burgomistra and municipal advisers, headed by a burgomistrome, who is appointed Queen.

The head of state is the Queen Beatrix (Orange - Nassau Dynasty), who joined the throne on April 30, 1980. The royal title is inherited. The heir of the king is considered the eldest son. If it turns out that there are no direct heirs, the head of state can be appointed as an act of parliament. Such a decision is made at the united session of both chambers.

Although the power of the monarch is limited, and he must comply with the government, still his opinion plays a decisive role in the appointment of the Prime Minister. In addition, the monarch argues bills, manages external relations, has the right of pardon. All political acts are committed on behalf of the Queen.

The highest advisory body of the country, for the consideration of which bills are offered, is the State Council. Chairman of the Council is the head of state. The Council also includes the Deputy Chairman and 28 members appointed for life.

Control over the correctness of fees and costs of public funds is carried out by the Accounts Chamber.

Government employees must be politically neutral and possess a high professional level. If there are changes in the government, even the highest administrative ranks remain in their places.

Administrative division of the Netherlands

In the form of a state-territorial structure of the Netherlands - a decentralized unitary state. Power is divided into three administrative levels: the state, provinces and municipalities. The state performs work at the national level. Provinces and municipalities are decentralized power entities. In addition, there are advice on water management, which have functional competence. The provinces and municipalities can independently accept decisions on cases that relate to their competence. These decrees should not contradict the existing legislation at the central level, or, if we are talking about municipalities, should not contradict the decisions acting in the relevant province. The provinces and municipalities are obliged to cooperate in the fulfillment of the decrees of national state bodies.

Sources of income for the provinces and municipalities are their own income and payments from the state. As a rule, cash comes from the central authorities in the form of special payments, which are accompanied by prescriptions as to how they should be spent. In addition, the provinces and municipalities receive common means from the provincial and, accordingly, the municipal fund. Municipalities receive their own income, in particular, in the form of real estate taxes, (stationery) fees and duties. They also have the right to introduce tax investigation themselves, for example, tourist tax and dog tax.

The Netherlands are divided into 12 provinces: Drenthe, Flevoland, Friesland, Gelderland, Groningen, Limburg, North Brabant, North Holland, Over-Eisel, Utrecht, Zealand, South Holland. The function of the provincial authorities includes environmental protection, space layout, energy security, social security, sports and culture.

Management in each province is carried out by provincial states, deputies of the provincial states and the Royal Commissioner. Deputies of the provincial states are chosen by direct voting of citizens' provinces that have the right to vote. The term of office of deputies is four years. Provincial states are prescribed from among their members the provincial board, the so-called team of deputies, the term of office of which is also four years old. The Royal Commissioner appointed by the Government for a period of six years is simultaneously the chairman of both the deputies and provincial states collegium. On the subject of the appointment of the Royal Commissars to the Netherlands, many complaints are put forward by international organizations, in particular, the Council of Europe, which considers such an order of non-democratic and call on the Dutch to switch to the elective system.

In the Netherlands there are 478 municipalities. Their number decreases, since the state seeks to improve the efficiency of administrative management through the reorganization of municipalities, most often a simple association. The municipalities are assigned duties in the field of water management and transport, housing, management general education institutions, in the field of public welfare and health care, culture, sports and recreation.

The municipality is managed by the municipal council, the magistrate (Burgomaster and Advisor College) and Burgomaster. The municipal council is elected for four years by direct vote, in which everyone who has the right to vote residents relating to this municipality can take part. In these elections, also foreigners have the right to participate, legally living in the Netherlands at least five years.

Persons who have citizenship of one of the European Union member countries can participate in municipal elections immediately after their move to residence in the Netherlands.

The municipal council appoints several members from its composition as advisers (members of the magistrate). Burgomaster is appointed for a position for six years by the Government on the proposal of the Royal Commissioner. Burgomaster and advisers jointly form the board of the municipality. The magistrate performs solutions to the central and provincial authorities, which relate to this municipality.