The King’s Commissioner holds a unique position under constitutional law: he is both a provincial body and a state body. In his provincial capacity, his position largely resembles that of the mayor within local government: an independent administrator who stands above the political parties. In his capacity as a national authority, he has certain duties which he carries out on behalf of the government. Traditionally, these have mainly involved duties relating to mayors, such as the King’s Commissioner’s involvement in the appointment of mayors. In recent years, other duties have been added, such as the coordination of asylum accommodation and, previously, mediation in tackling the nitrogen issue. This thesis examines how this dual role fits within our system of government. In doing so, it addresses various questions. Can these functions co-exist, or do tensions arise when they overlap? And if there is tension, how problematic is this from a constitutional perspective? Does the commissioner cooperate with the minister on central government tasks, or is there a relationship of subordination? And why is a particular task actually classified as a central government task or a provincial task? By systematically analysing these questions, the thesis highlights where the current framework is clear, where it falls short, and what consequences this has for, amongst other things, democratic legitimacy and ministerial accountability. Based on these findings, concrete proposals are put forward to clarify the commissioner’s position and to ensure the institutional embedding of the office is fit for the future.
Bregt Martens studied Dutch Law and completed a Master’s degree in Constitutional and Administrative Law at Radboud University. He then worked as a junior lecturer in the Constitutional Law department whilst working on his thesis. He is currently employed by the Association of Netherlands Municipalities (VNG).