Direct Democracy

Netherlands

DD002

Question:	Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:	a. Yes
Comments:	On Tuesday 10 July 2018, the Senate approved the repeal of the Advisory Referendum Act. Therefore, voters can no longer submit any requests to the Electoral Council for an advisory referendum to be held.
Source:	House of Representatives of the Netherlands - Rules of Procedure (2012), Section 20: https://www.houseofrepresentatives.nl/sites/default/files/content/rules_of_procedure_1.pdf
Verified:	2022/08/02

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DD003

Question:	Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:	b. No
Comments:	There are no provisions for mandatory referendums in the legislation of the country (IDEA). Proposals for a binding referendum have repeatedly failed in the Netherlands (98-100).
Source:	International IDEA Direct Democracy Database: https://www.idea.int/node/301934; T. W. G. van der Meer et al., "The rise and fall of the Dutch referendum law (2015-2018): inititiation, use, and abolition of the corrective, citizen-initiated, and non-binding referendum," 27 August 202
Verified:	2022/08/02

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DD004

Question:	Are there any Legal Provisions for Optional Referendums at the national level?
Answer:	b. No
Comments:	Legal provisions for Optional Referendum were repealed in 2018.
Source:	Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified:	2022/08/02

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DD005

Question:	Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:	b. No
Comments:	There are no provisions for citizens' initiatives in the legislation of the country (IDEA). What did exist between 2015 and 2018 was an Agenda Initiative, not a Citizen's Initiative.
Source:	International IDEA Direct Democracy Database: https://www.idea.int/node/301934; T. W. G. van der Meer et al., "The rise and fall of the Dutch referendum law (2015-2018): inititiation, use, and abolition of the corrective, citizen-initiated, and non-binding referendum," 27 August 2020.
Verified:	2022/08/02

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DD006

Question:	Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:	a. Yes
Comments:	Agenda Initiatives are handled by a parliamentary committee of the Lower House, called the committee for Petitions and Citizen's Initiatives. The code for this committee, along with the Rules of Procedure for the House of Representatives of the Netherlands, regulates agenda initiatives.
Source:	House of Representatives of the Netherlands - Rules of Procedure (2012), Section 20: https://www.houseofrepresentatives.nl/sites/default/files/content/rules_of_procedure_1.pdf
Verified:	2022/08/02

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DD007

Question:	Are there any Legal Provisions for Recalls at national level?
Answer:	b. No
Comments:	There are no provisions for recall initiatives in the legislation of the country.
Source:	International IDEA Direct Democracy Database: https://www.idea.int/node/301936
Verified:	2022/08/02

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DD129

Question:	Are the results of referenda always binding, never binding or sometimes binding?
Answer:	e. Not applicable
Comments:	While the Advisory Referendum Act was in place, referenda results were never binding.
Source:	Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified:	2022/08/02

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DD130

Question:	Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:	e. Not applicable
Comments:	While the Advisory Referendum Act was in place, only issues other than constitutional changes were voted upon.
Source:	Wet raadgevend referendum: https://wetten.overheid.nl/BWBR0036443/2015-07-01
Verified:	2022/08/02

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DD131

Question:	Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:	d. Not applicable
Comments:	Three provinces (out of a total of 12) currently have legislation that provide for referenda. Only 41 out of 408 local authorities / municipalities have local legislation on referendums. The referendum regulations of the municipality of Halderberge are cited here as an example. All local authorities have provisions for agenda initiatives.
Source:	Referendum Regulation for the Province of Limburg: http://www.limburg.nl/dsresource?objectid=21795&type=org&highlight=Referendumverordening; Referendum Regulation for the Province of North Holland: http://decentrale.regelgeving.overheid.nl/cvdr/XHTMLoutput/Actueel/Noord-Holland/83192.html; Referendum Regulation ofr the Province of Friesland: http://www.fryslan.nl/8154/referendumverordening-fryslan-2005/; Regulation on the Consultative Referendum: http://decentrale.regelgeving.overheid.nl/cvdr/xhtmloutput/Historie/Halderberge/31687/31687_1.htm
Verified:	2022/08/02

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