POLITICAL ANDCRIMINAL RESPONSIBILITY in constitutional doctrine ever since 6 The King as Head of State has the power to bind the Kingdom of the Netherands in intemational relations(cf. Vienna Treaty, art 7$2 sub a). This is also true for heads of government and ministers of foreign affairs. The King traditionally plys a central role in the field of foreign affairs. The most solemn treaties are signed by the King himself. In intemational negotiations, the Kingdom is usua lly represented by the minister of Foreign Affa irs or persons acting on behalf of the minister and under his instructions Occasionally, other persons have represented the Kingdom, sometimes in a(seemingly) independent role part from his role in international relations, the King also has a role to pay in domestic affairs, albeit a very lim ited one. In the process of ca binet formation-which is usually a matter of coa litions between political parties in the Netherlands- the King appoints the formateur, who leads the negotations between the political parties. Normally speaking the formateur becomes the new Prime Minister, although there is no rule of constitutional law which makes this necessary. Moreover, there is a chance that a fomateur will not be succesful and has to be repaced by another formateur. The new Prime Minister takes political responsibility for the decisions which the King has taken during the formation of the new ca binet, including the appointment of formateurs The Const itution also provides for some other tasks, such as the ratification of Acts of parliament (article 87 of the Constitution) or the reading of the official speech (troonrede) at the State Opening of Parliament (article 65 of the Constitution). These tasks do not involve the exercise of any real power Who is head of government? The Dutch Constitution has never mentioned a Head of govemment. Until recently this used to be no problem. Over the past years, however, questions have been asked oncerning the position of the Dutch Prime Minister in relation to the European Council, which according to article 4 of the Treaty on European Union consists of Heads of Governmentand Heads of State. Since in the Netherlands the King is part of the overnment(article 42 of the Constitution )and is head of state, one might think that the King is head of govemment as well, but in practice this was not the case. The position of Head of government has-until the year 2000-never been fomma lly recognised. The position of the Prime Minister is trad itionally referred to in the Netherlands asa primus inter pares. Like its parallels in other countries, Dutch prime ministership rose to prominence during the second haif of the 19th century. Dom inating figures like Johan Kortmann& Bovend Eert 2000, p. 78; Burkens c.s. 2001, P. 222. Besselink 1996, p. 14 Bovend Eert2000 Bovend Eert2000, P. 78. Rehwinkel 1991- Rehwinkel/Bovend Eert/Hockstra l 994.POLITICAL AND CRIMINAL RESPONSIBILITY 3 in constitutional doctrine ever since.6 The King as Head of State has the power to bind the Kingdom of the Netherlands in international relations (cf. Vienna Treaty, art 7 § 2 sub a). This is also true for heads of government and ministers of foreign affairs. The King traditionally plays a central role in the field of foreign affairs. The most solemn treaties are signed by the King himself.7 In international negotiations, the Kingdom is usually represented by the minister of Foreign Affairs or persons acting on behalf of the minister and under his instructions. Occasionally, other persons have represented the Kingdom, sometimes in a (seemingly) independent role. Apart from his role in international relations, the King also has a role to play in domestic affairs, albeit a very limited one.8 In the process of cabinet formation - which is usually a matter of coalitions between political parties in the Netherlands - the King appoints the formateur, who leads the negotations between the political parties. Normally speaking the formateur becomes the new Prime Minister, although there is no rule of constitutional law which makes this necessary. Moreover, there is a chance that a formateur will not be succesful and has to be replaced by another formateur. The new Prime Minister takes political responsibility for the decisions which the King has taken during the formation of the new cabinet, including the appointment of formateurs. The Constitution also provides for some other tasks, such as the ratification of Acts of parliament (article 87 of the Constitution) or the reading of the official speech (troonrede) at the State Opening of Parliament (article 65 of the Constitution). These tasks do not involve the exercise of any real power. 3 Who is head of government? The Dutch Constitution has never mentioned a Head of government. Until recently this used to be no problem. Over the past years, however, questions have been asked concerning the position of the Dutch Prime Minister in relation to the European Council, which according to article 4 of the Treaty on European Union consists of `Heads of Government' and Heads of State. Since in the Netherlands the King is part of the government (article 42 of the Constitution) and is head of state, one might think that the King is head of government as well, but in practice this was not the case. The position of Head of government has - until the year 2000 - never been formally recognised.9 The position of the Prime Minister is traditionally referred to in the Netherlands as a primus inter pares.10 Like its parallels in other countries, Dutch prime ministership rose to prominence during the second half of the 19th century. Dominating figures like Johan 6. Kortmann& Bovend'Eert 2000, p. 78; Burkens c.s. 2001, p. 222. 7. Besselink 1996, p. 14. 8. Bovend'Eert 2000. 9. Bovend'Eert 2000, p. 78. 10. Rehwinkel 1991; Rehwinkel/Bovend'Eert/Hoekstra 1994