Country Profile: Netherlands

This Country Profile provides a basic overview of the legal history and institutional structures of the Kingdom of the Netherlands (Koninkrijk der Nederlanden), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the Netherlands' Constitution, Islamic law (sharīʿa or fiqh) has no legal status.

Country Background

The Netherlands is located in Western Europe, bordering the North Sea. It is bounded by Belgium and Germany. The Kingdom of the Netherlands includes both the Netherlands and the Netherlands Antilles (several small island territories located in the Caribbean Sea). The capital of the Netherlands is Amsterdam. The official language is Dutch. The country’s population in 2016 was approximately 17 million. The Netherlands is a predominantly Christian country, with about 28% of the population Roman Catholic and 19% Protestant. Islam is a minority religion in the Netherlands, and Muslims make up about 5% of the country's population. 

Constitution & Legal Structure

The Netherlands is referred to as a parliamentary constitutional monarchy, in which the head of state is the monarch (king or queen). The Netherlands gained its independence in 1813 and its Constitution was ratified in 1815. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The executive branch consists of the monarch and his/her ministers. The monarch must adhere to the Constitution. However, the ministers, but not the monarch, are responsible for government policy. The monarch is therefore not accountable to the Parliament. The legislative branch consists of the Parliament, a two-chamber legislative assembly called the States General. The judicial branch consists of a circuit of courts similar to that of the American court system. The Constitution was amended most recently in 2008 in order to set the status of the previous Caribbean island territories as independent countries that are a part of the Kingdom of the Netherlands. The Netherlands is a member state of the European Union.

Constitutional Status of Islamic Law

Islamic law has no constitutional status in the Netherlands.

Jurisdiction(s) of Islamic Law

Islamic law has no official jurisdiction of operation in the Netherlands.

Dominant School of Islamic Law

The Netherlands has no official school of Islamic law. 

Sources of Law for Legal Research

Official Publications

 Unofficial Databases

References:

For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English and Arabic translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].