Artikel 116: Judiciary; appointment; supervision
- The courts which form part of the judiciary shall be specified by Act of Parliament.
- The organisation, composition and powers of the judiciary shall be regulated by Act of Parliament.
- In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.
- The supervision by members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
The law regulates the organization of the judiciary, such as
- which courts and judges exist,
- how the courts are organized, how they are composed, and what their powers are
- which judges supervise the courts
A law may stipulate that members who are not judges may also participate in the administration of justice. Examples include military personnel at a military court. Because the term 'co-participation' is used, jury trials are not possible.
All of this is regulated in the Judicial Organization Act and the Judicial Division Act.