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Artikel 91: Approval of treaties

Artikel 91
  1. The Kingdom shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the States General. The cases in which approval is not required shall be specified by Act of Parliament.
  2. The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
  3. Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Houses of the States General only if at least two-thirds of the votes cast are in favour.

Explanation

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

As a general rule, the Kingdom cannot be bound by treaties without the prior approval of the States General. The Kingdom Act on the Approval and Publication of Treaties regulates:

  • when tacit approval applies
  • when approval is granted by means of a law
  • when no approval is required.

It is possible for a treaty to deviate from provisions of the Constitution. In such a case, approval by the Houses of the States General is required with at least two-thirds of the votes cast.