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Artikel 117: Members of the judiciary; independence; resignation

Artikel 117
  1. Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Royal Decree.
  2. Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
  3. In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.
  4. Their legal status shall in other respects be regulated by Act of Parliament.

Explanation

Please note: Only the Dutch-language version of the Constitution has legal effect. 

Judges are independent because they are appointed for life and can only be dismissed

  • at their own request, or
  • upon reaching a certain age, or
  • in special cases stipulated in the law, by a court designated by law.

This article guarantees the independence of the judge.

The law further regulates the rights and duties of judges.