That lately sitting MPs have been appointed to the Demissionary Cabinet without giving up their seats is unfortunate but not contrary to the Constitution. That is what the Council of State writes in an opinion to the House of Representatives.
The Chamber had asked for this so-called ‘information’ after the appointment of State Secretaries Yesilgöz, Van Weyenberg and Wiersma had arisen. They remain MP at the same time.
Several professors believe that this combination is at odds with the Constitution. The combination of positions is only possible for seated reignees, who are elected in the Chamber after elections, such as Prime Minister Rutte and Minister Kaag. That would not apply to MPs who are appointed to the cabinet only after their election.
The Council of State also believes that there are constitutional complications and that they are too late and inadequately recognized. But, according to the Council, the Constitution can be interpreted in different ways. “Therefore, there is not enough ground to conclude that there is a conflict with the Constitution.”
Ultimately, the House of Representatives has to decide whether it is allowed, is the opinion. The Cabinet should have better explained the nomination of the Secretaries of State and to provide more comprehensive answers to questions from MPs, the advisory body believes.
SP MP Renske Leijten calls the Council of State ruling a tap on the fingers in front of the cabinet. She believes that the current situation is undesirable. The Chamber will be debating it next week. Leijten calls on the three Secretaries of State to withdraw until then.