Although the body is officially called the "House of Representatives" in English, it is not a direct translation of its official Dutch name, the "Second Chamber of the States General", "Second Chamber" or more colloquially just the "Chamber". Rather than "representative" (afgevaardigde), a member of the House is referred to as (Tweede) Kamerlid, or "member of the (Second) Chamber".
Functions
The House of Representatives is the primary legislative body of the States General, where proposed legislation is discussed and the actions of the cabinet are reviewed. Both the Cabinet and the House of Representatives itself have the right to propose legislation; the House of Representatives discusses it and, if adopted by a majority, sends it on to the Senate.[4] Both individual cabinet ministers and the cabinet as a whole must have parliament’s confidence. Therefore, a minister, or the whole cabinet, must resign if a majority of parliament expresses it no longer has confidence in them.[5] Review of the actions of the cabinet takes the form of formal interrogations in plenary and committee meetings, which may result in motions urging the cabinet to take, or refrain from, certain actions. No individual may be a member of both parliament and cabinet, except in a caretaker cabinet that has not yet been succeeded when a new House is sworn in.
The House of Representatives is also responsible for the first round of selection for judges to the Supreme Court of the Netherlands. It submits a list of three names for every vacant position to the Government. Furthermore, it elects the Dutch Ombudsman and their deputies.
Elections
The normal term of the House of Representatives is four years. Elections are called when the government loses the parliament's confidence, the governing coalition breaks down, the term of the House of Representatives expires, or when no governing coalition can be formed.
Registration and eligibility
All citizens over the age of 18 are eligible to vote. Eligible citizens residing in the Netherlands are automatically registered through the municipal population register, while expatriates can permanently register at the municipality of The Hague provided they have a current Dutch passport or national ID. Residents of Aruba, Curaçao, and Sint Maarten can only vote if they have spent at least ten years residing in the Netherlands or work for the Dutch civil service.[7][clarification needed]
Prisoners serving a term of more than one year are not eligible to vote. From 2009 onwards, mentally incapacitated citizens have regained the right to vote.[8]
The Netherlands uses a system of party-list proportional representation. Seats are allocated among the parties using the D'Hondt method[9] with an election threshold of 0.67% (a Hare quota).[10] Parties may choose to compete with different candidate lists in each of the country's twenty electoral circles. If a party competes with different candidate lists, the seats allocated to the party are subsequently allocated among its different candidate lists using the largest remainders method.[11] The seats won by a list are first allocated to the candidates who, in preferential votes, have received at least 25% of the Hare quota (effectively ¼ of a seat or 0.17% of the total votes), regardless of their placement on the electoral list. If multiple candidates from a list pass this threshold, their ordering is determined based on the number of votes received. Any remaining seats are allocated to candidates according to their position on the electoral list.[12][13]
From 1973 until 2017, parties were able to form electoral alliances to increase their share of seats in parliament, allowing parties to overcome some of the bias of the D'Hondt method; however, this practice has since been discontinued.[14]
When a vacancy arises, the seat is offered to the next candidate on the candidate list to which the seat was originally allocated.[15]
After all seats are allocated, a series of negotiations take place in order to form a government that, usually, commands a majority in the chamber. Since 2012, the House of Representatives appoints a "scout" to ask the major party leaders about prospective coalitions. On basis of the scout's interviews, the House of Representatives then appoints an informateur, who checks out possible coalitions, and a formateur, who leads negotiations. Before 2012, the informateur and formateur were appointed by the monarch. It typically takes a few months before the formateur is ready to accept a royal invitation to form a government and become prime minister. All cabinet members must resign from parliament, as the constitution does not allow a cabinet member to simultaneously hold a seat in the House of Representatives.
Due to the nationwide party-list system and the low election threshold, a typical House of Representatives has ten or more parties represented. Such fragmentation makes it nearly impossible for one party to win the 76 seats needed for a majority in the House of Representatives. Since the current party-list proportional representation system was introduced in 1917, no party has approached the number of seats needed for an outright majority. This fragmentation also makes it almost prohibitively difficult to win enough seats to govern alone. The highest number of seats won by a single party since then has been 54 out of 150, by the CDA in 1986 and 1989. Between 1891 and 1897, the Liberal Union was the last party to have an absolute majority of seats in the House of Representatives.[citation needed] All Dutch cabinets since then have been coalitions of two or more parties.
Historically, there have been 100 seats in the House of Representatives. In 1956, this number was increased to 150, at which it remains today.
To give an overview of the history of the House of Representatives, the figure on the right shows the seat distribution in the House from the first general elections after World War II (1946) to the most recent election. The left-wing parties are located towards the bottom, while the Christian parties are located in the center, and the right-wing parties towards the top. Occasionally, single-issue (or narrow-focus) parties have arisen, and these are shown at the extreme top. Vertical lines indicate general elections. Although these are generally held every four years, the resulting coalition governments do not always finish their term without a government crisis, which is often followed by new elections.
The small fraction of voters, which were not represented by any party in the House of Representatives of the Netherlands despite valid vote, is increasing. The wasted vote fraction is shown below:[16][failed verification]
Graph of the wasted vote in the Netherlands from 2002 to 2021
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