Referendums in the Netherlands

In the Netherlands, since the entry into force of the Advisory Referendum Act (Wet raadgevend referendum) on 1 July 2015, most types of primary laws can be subjected to a suspensory, non-binding referendum if requested shortly after royal assent and subsequent proclamation. If a law is rejected by more than half of the votes cast, with a mandatory turnout of at least 30%, its entry into force will be suspended indefinitely and a follow-up law must be enacted that either repeals the law or provides for its entry into force.

The Dutch Constitution has no provisions on referendums, which means that any referendum held at a national or local level cannot be binding as long as the Constitution gives primacy to legislatures. The first reading of a constitutional amendment to introduce a binding, abrogative referendum at national, provincial, municipal and water-board level was completed on 15 October 2014. The second reading cannot not take place until after the next general election and will require a two-thirds majority in both chambers of the States General. A previous attempt failed in May 1999 when the bill was rejected in second reading in the Senate due to VVD Senator Hans Wiegel rebelling against his own party.

Since the constitutional referendum of the Batavian Republic in 1805, only two referendums have been held. The first was the consultative, ad hoc referendum on the European Constitution in 2005. The second was the referendum on the ratification of the Ukraine–EU Association Agreement on 6 April 2016, which was the first referendum under the Advisory Referendum Act.

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