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47-587: Dutch Council may refer to: Council of State (Netherlands) , a constitutionally established advisory body to the government Dutch Jewish council , a council that was active during the German occupation of the Netherlands in World War II Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with

94-492: A program of institutional innovation. Previously, the States General only were in session for a few weeks at most. To facilitate its governance in permanent session, they appointed a rotating presidency. The president, selected from one of the provincial delegations, assisted by one or two of the pensionaries , would preside over the meetings for a week at a time. This system continued during the later Dutch Republic and

141-495: A return to the status quo ante in which the States General would not be permanently in session. Holland and Zeeland protested against this arrangement and refused to submit to it. Neither would they give up the fortresses they had occupied, as provided for in the Pacification. The relations between the new governor-general and the States General also soon deteriorated. The States-General even appointed their governor-general,

188-633: The Duke of Aerschot stepped into power. He had already held inconclusive peace talks with Orange, his former colleague in the Raad van State (Council of State). When Spanish troops mutinied because of lack of payment and sacked the towns of Zierikzee and Aalst, the States General of the Netherlands was immediately convened by the States of Brabant and County of Hainaut on 8 September 1576 to deal with

235-660: The European Court of Human Rights had deemed in Benthem v Netherlands that the fact that the Council of State was not an independent institution ran contrary to the provisions of the European Convention on Human Rights . To permanently remedy this defect the "judicial" part of the Council was in 1994 made formally independent from the part that advised on legislative matters. This split in two separate parts

282-527: The Generality Lands . The Council usually played a self-effacing role, as laid down in its Instruction of 1651, at the beginning of the first Stadtholderless Period. However, the secretary of the Council, Simon van Slingelandt played a leading role in an attempt at constitutional reform (which would have greatly increased the executive powers of the Council, as intended in the time of Leicester) in 1717. This attempt came to nothing, however. After

329-561: The Habsburg Netherlands experienced considerable political upheaval and civil unrest, which culminated in the iconoclastic fury of that year . Its ruler, Philip II of Spain , responded by appointing Fernando Álvarez de Toledo, 3rd Duke of Alba as Governor-general , and in 1567 he arrived there to restore order, accompanied by an army of mercenaries. Philip soon replaced the most important advisors to former regent Margaret of Parma , either by summarily executing those such as

376-534: The Ottoman Sultan and in Italy at the same time. Alba's attempts to finance these expenses by new taxes also estranged previously loyal subjects from the royalist cause. Then, in 1572, a group of privateers with letters of marque from William (known as watergeuzen ) were unexpectedly successful in an invasion into Holland and Zeeland. Orange was able to take over the government in these two provinces under

423-736: The Pacification of Ghent was concluded pitting the States-General of the Netherlands against the Spanish crown, represented by Don Juan. When the latter retreated to Namur in early 1577 the Council of State split in two rumps, one joining Don Juan (and forming the nucleus of what would become the Council of State of the Spanish Netherlands and later the Austrian Netherlands ) the other remaining close to

470-402: The "royalist" side was not encumbered by his control. The delegates reached an agreement on 30 October, less than three weeks after the beginning of the negotiations. Its ratification by the States General on 8 November 1576 was undoubtedly hastened by the sack of Antwerp by Spanish mutineers on 4 November, which helped sway many opinions toward ratification. The preamble of the treaty held

517-492: The (first) Union of Brussels . The problem with the Pacification was that the provinces agreed on little, other than the need to confront the marauding mutineers. Once that problem had been solved by the withdrawal of the Spanish tercios to Italy in April 1577, the provinces started to diverge again. Don Juan signed the Pacification on 12 February 1577, thereby apparently giving royal assent to it. He took care, however, to stress

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564-570: The Archduke Matthias . In 1579, Alessandro Farnese became the royalist governor-general. He immediately offered to return to the southern Catholic nobles their original privileges. With the Spanish army under control and their local liberties returned, the Walloon nobles and southern provinces no longer had any reason to rebel. However, the northern, Calvinist-controlled provinces were as unwilling to give up their religion as Philip II

611-677: The Brussels government eventually brought about a boil in the summer of 1576. In 1573, meanwhile, Alba had been replaced by Luis de Zúñiga y Requesens as governor-general. Requesens was also unable to defeat the rebels. He was in bad health and died in March 1576. This caused a power vacuum in the Brussels government, as the slow communications of the day prevented a speedy replacement from Madrid. Philip appointed his younger brother John of Austria governor-general, but it took him several months to take up this appointment. During this interim period,

658-602: The Council, besides the Governor-General, who would preside the council. The next articles gave far-reaching authority to the Governor-General, acting with the council, in matters of defense, finance and government. For instance, the Stadtholders of the provinces would henceforth be appointed by the Governor-General and the Council (art. XXIV), though the States of Holland and West Friesland preempted this by appointing Maurice, Prince of Orange stadtholder before

705-589: The Earl of Leicester , who would accept the Governor-Generalship, conferred on him by the States-General against the wish of Elizabeth, arrived in the Netherlands. This was the first instance of the way the mighty province of Holland frustrated the policies of Leicester. His attempt to found a new Council of Finances (the old one had been dissolved in 1580), which was supposed to take a number of

752-492: The Habsburg Netherlands, and her successors, on les grandz et principaulx affaires et ceux qui concernent l'état conduycte et gouvernement des pais, securite et deffense desdits pays de pardeca , in other words the main questions of government, foreign affairs and defense. Members of the council were the great nobles of the realm and a few of the great prelates. After the accession of Philip II of Spain to

799-671: The King only taking over on ceremonial occasions. Members were appointed from all provinces, both "Dutch" and "Belgian". After the Belgian Revolution of 1830 the Belgian members left. The new Kingdom of Belgium did not institute its own Council of State until 1946 as an administrative court. Under the new constitution of 1848 the Council of State was reformed in the sense that its structure and functions were delegated to an Organic Law. The first such law (the Council of State Act)

846-608: The Netherlands at the end of 1587. By 1588 the Council had therefore reached the structure and functions it would possess during the entire existence of the Dutch Republic. The Council was henceforth made up of members appointed by the States-General on the nomination of the Provincial States (usually about 12), with two members (between 1598 and 1625 one ) appointed by the English government. The stadtholders of

893-490: The Spaniards had been driven out", the States General would return the country into the hands of the King, decide the issue of religion (which had been an important cause of dissension), and return all military installations taken by the rebels to the authority of the king. In article 5, they declared that all placards by Alba for the suppression of heresy were revoked, and nobody would be punished for religious offenses before

940-528: The States General decided the matter of religion. Article 4 provided that, outside Holland and Zeeland, no action against the Catholic religion was to be allowed. The remaining articles dealt with such issues as the free movement of goods and persons, the freeing of prisoners of war, the return of confiscated properties (especially those of the Prince of Orange), the reimbursement of the Prince for his expenses in

987-536: The States General sent Elbertus Leoninus , a professor at Leuven University , among others. These negotiators had already met during the abortive negotiations at Breda the previous year and therefore knew what the main stumbling blocks for reaching agreement were. They also knew that speed was of the essence because the arrival of the King's brother, Don Juan, was imminent (he was to arrive in Luxembourg in early November), and it would be easier to reach agreement if

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1034-469: The advice of the Council was heard. These included both Acts of the States-General and Royal Decrees, important, because the first king, William I of the Netherlands liked to rule by decree. The King presided over the new Council, and the Crown-Prince would be a member ex officio after reaching the age of majority. In practice, however, a vice-president presided over the deliberations of the Council,

1081-581: The area West of the river Meuse , the other for the area East of that river. The first, residing in Antwerp where the States-General also convened, played the main role up to the departure of the Duke. After his departure the (again unified) Council followed the States-General to Middelburg , Delft , and The Hague . After the assassination of the Prince of Orange in 1584 the Council was given new executive powers and temporarily assumed full executive authority in

1128-408: The cabinet on proposed legislation before a law is submitted to parliament. The Council of State Administrative Law division also serves as one of the four highest courts of appeal in administrative matters. The King is president of the Council of State but he seldom chairs meetings. The Vice-President of the Council of State chairs meetings in his absence and is the de facto major personality of

1175-517: The clauses about maintaining the Catholic religion outside the provinces of Holland and Zeeland. The States General then accepted him as the legitimate governor-general and even agreed to pay the arrears of the royal troops, the refusal of which had arguably been the cause of the problems with the mutineers. This agreement was enshrined in the Edict of 1577 . However, the Edict of 1577 seemed to provide for

1222-469: The conduct of the war against the government troops before 1572, and the problems caused by the need to equalize the inflated currency in Holland and Zeeland with that in the other provinces. The Pacification, therefore, bore the aspects of both a peace treaty between the rebellious and the "loyal" provinces, and a project for a further defensive union. That further union was concluded on 9 January 1577 by

1269-560: The contemporary French Council of State), these councils disappeared again during the years of the annexation by France (1810-1813). However, after the restoration of Dutch independence in 1813 a new Council of State was founded as laid down in the Constitutions of 1814 and 1815. These constitutions explicitly stated that all "Acts of Sovereign Dignity" by the Sovereign Prince and later the King, would only be enacted after

1316-480: The counts of Egmont and Hoorn , or by driving them into exile, as he did to William the Silent . The leader of the royalist faction, Philippe III de Croÿ remained in favor. At first, Alba had little difficulty in repelling the rebel military incursions, led by William. However, maintaining a large military presence put severe strain on the royal finances, especially because Spain was fighting expensive wars against

1363-515: The financial powers of the Council of State, was quietly thwarted. On the instigation of the Land's Advocate of Holland , Johan van Oldenbarnevelt , who was a member of the Council, more and more executive tasks of the Council were taken over by the States-General, to dilute English influence on the Dutch affairs of state. These tasks and this influence of the Council did not return after Leicester had left

1410-608: The formal decision rested with the Crown). This function of high administrative court was enlarged in the succeeding century. Finally, the 1861 law made the Council the institution that would exercise royal authority in the absence of the king or a regent. This case did happen for short periods in 1889 and 1890, in those periods the Council served as regent for King William III under the Vice-President Gerlach Cornelis Joannes van Reenen . In 1887

1457-571: The guise of his old post of royal Stadtholder , and brought them into open revolt against the government in Brussels. This brought about a formal state of war between Holland and Zeeland and the fifteen loyalist provinces. This civil war was mostly fought with mercenary troops on both sides, with Spanish tercios playing a preponderant role on the royalist side. Because of the dire state of the royal finances, these Spanish mercenaries often went unpaid. They frequently mutinied and pillaged nearby towns, especially following victories. This disaffection with

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1504-626: The institution. Under Dutch constitutional law, the Vice-President of the Council is acting head of state when there is no monarch such as if the royal family were to become extinct. Charles V, Holy Roman Emperor founded a Council of State on 1 October 1531 as one of three Collateral Councils (the other two were the Privy Council or Secret Council and the Council of Finances ) to advise his sister Mary of Hungary , his regent in

1551-416: The mutinous troops. Holland and Zeeland, as rebellious provinces, were not invited. Aerschot, acting in the usurpation of the royal prerogatives, had by then been appointed as head of the Council of State by the States General. This made him acting governor-general. This action was comparable to what Orange had done in Holland and Zeeland, in which royal authority had been usurped by rebels pretending to act "in

1598-485: The name of the king". The States General referred to precedent to justify their actions. They had acted similarly after the deaths of Charles the Bold in 1477 and Philip I of Castile in 1506. Now they authorized the provincial states to raise troops to defend against marauding foreign (especially Spanish) mercenaries. More importantly from the perspective of constitutional history, the States General also embarked on

1645-555: The overthrow of the regime of stadtholder William V, Prince of Orange and the founding of the Batavian Republic in 1795, the Council was dissolved, together with the States-General. Though an advisory council with the nostalgic name Council of State was again instituted in the waning days of the Batavian Republic in 1805, and also the successor Kingdom of Holland had an institution with that name (modeled on

1692-400: The pensionaries began acting as an executive committee of the States General. The first order of business for the States General was to bring about peace with the rebel provinces so as to form a common front against the marauding mutineers. Hatred of these marauders united rebel and loyalist alike. The States General, therefore, appointed a committee to negotiate with the Prince of Orange and

1739-514: The place of the Prince. The States-General meanwhile took the lead in the search for another protecting sovereign. This resulted in the Treaty of Nonsuch of 1585 with Elizabeth I of England that explicitly assumed a leading role of the Council in the evolving constitution of the provinces of the Union of Utrecht . Article XIV of the treaty authorised Elizabeth to appoint two English representatives on

1786-399: The previous Spanish government in Brussels responsible for the war. The provinces of the Netherlands agreed to jointly drive out the Spaniards and their supporters "to restore the citizens to their rights, privileges, and liberties and their former prosperity". Article 1 provided for a general amnesty for acts on both sides after the troubles started in 1568. Article 3 provided that, "once

1833-403: The provinces of Holland and Zeeland. Because the Prince's troops were already invading the province of Flanders , where they were made welcome in the rebellious city of Ghent , the negotiations were held in that city. The delegates met in the first week of October 1576. The rebels were represented by Paulus Buys , Grand Pensionary of Holland, and Philips of Marnix, lord of Sint-Aldegonde ;

1880-556: The provinces were ex officio members, at least outside the First Stadtholderless Period and Second Stadtholderless Period . The executive powers of the Council were limited to military policy (both on land and sea); administering the Dutch States Army 's financial aspects (naval affairs were administered by the five Admiralties , founded by Leicester); and formulating and executing tax policy for

1927-551: The rebellious States-General. These members were discharged by king Philip in 1578, formally ending the Council as a Habsburg institution in what was to become the Dutch Republic . When the Duke of Anjou came to be temporarily recognized as the new sovereign of the rebellious provinces in 1581, a new Council of State was appointed to advise him and to perform certain executive duties, pertaining to defense and finances. This Council soon split in two regional councils, one for

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1974-609: The revised constitution opened the way for making the Council a formal administrative court. This did not actually happen before 1963 when the Wet Beroep Administratieve Beschikkingen (BAB, Administrative Decisions Review Act) was enacted, replaced in 1976 by the Wet Administratief Beroep Overheidsbeschikkingen (AROB, Administrative Decisions Appeals Act). This setup was changed in 1988, because

2021-526: The start of the Dutch Revolt . After the death of Luis de Requesens y Zúñiga , then governor-general of the Habsburg Netherlands, in 1576, the Council of State temporarily assumed his authority as representative of king Philip, awaiting the arrival of the new governor-general, Don Juan . Before he could arrive the members of the Council were arrested in a coup by the Brussels garrison. Soon afterwards

2068-517: The throne and his departure to Spain in 1559 the Council became the forum for the strife between the Spanish representatives in the Council, led by Antoine Perrenot de Granvelle and the Netherlandish grandees like the Prince of Orange and the Counts of Horne and Egmont . The latter faction felt themselves pushed aside and resigned in 1567, leaving the field to a Spanish-dominated Council at

2115-516: The title Dutch Council . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Dutch_Council&oldid=697319899 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Council of State (Netherlands) The Council of State must be consulted by

2162-461: Was confirmed in the most recent revision (2010) of the Council of State Act. Pacification of Ghent The Pacification of Ghent , signed on 8 November 1576, was an alliance between the provinces of the Habsburg Netherlands . The main objectives were to remove Spanish mercenaries who had made themselves hated by all sides due to their plundering, and to promote a formal peace with the rebellious provinces of Holland and Zeeland . In 1566,

2209-498: Was enacted in 1861. The most important innovation of this law was that besides the advisory task of the Council in matters of law giving the Council would also advise in cases in which conflicts between administrative organs (like provinces and municipalities) were put before the Crown (king and ministers) for resolution. For this type of advice a new subdivision of the Council was formed that came to act like an administrative court (though

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