The Burgomaster in Holland
| Author | P. J. Oud |
| Published date | 01 June 1953 |
| DOI | http://doi.org/10.1111/j.1467-9299.1953.tb01675.x |
| Date | 01 June 1953 |
The
Burgomaster
in
HoZZand
By
P.
J.
OUD
Professor Oud, a former Burgomaster of Rotterdam, is
a
Member of the
Dutch Parliament and President of the International Union of Local
Authorities.
His
paper was read before the Hague Congress of the
International Political Science Association.
T
is desirable to begin with a brief sketch of the main principles governing
I
the organisation
of-
municipalities in Holland.
This
organisation is based
on the law, while observing certain rules
laid
down in the Constitution.
It
is uniform for all. There is no difference between urban and rural muni-
cipalities in this respect. There exists only one type of local authority-
the municipality. All have the same status, rights and duties from the largest
town to the smallest rural municipality-such differences that exist between
them do not alter this general principle.
Council, Burgomaster and Aldermen
The Constitution provides for each municipality to be headed
by
a
Council. This Council is elected for a term of four years by universal suffrage,
that is to say, by all male and female residents of the municipality who have
reached the age of
23.
The number of its members depends on the number
of residents. The smallest municipalities have a Council of seven, the largest,
Amsterdam, Rotterdam and The Hague, forty-five. Election is based on the
system of proportional representation.
The Constitution prescribes that the Chairman of the Council shall be
appointed by the Queen. In this connection, the Constitution does not
employ the term
‘‘
Burgomaster.” The Municipal Act, which dates from
1851,
has, however, preserved this time-honoured title.
It
lays down that
this Burgomaster
shall
be appointed by the Queen and occupy the post of
Chairman of the Council. He may be Chairman without being a member
of
the
Council, for the Constitution specifically states that he may be appointed
from outside the Council’s ranks. By far the majority of Burgomasters are
appointed from outside the ranks of the Council, and even from outside the
residents of the municipality. In this respect things have taken a different
course from that visualised by the framer of the Municipal Act in
1851.
The Act of 1851 laid down that the Burgomaster must be appointed from
among the residents of the municipality, though
it
went on to say that this
rule might be departed from “in the interests of the municipality.” In
latter years, however, this exception had become so much the rule that when
the Act was revised, the provision concerned was abolished.
Although the Burgomaster need not accordingly be a member of the
Council, membership is not, on the other hand, forbidden. A member of
the Council appointed Burgomaster can continue to be
a
member
of
the
Council, while in the event of a new election the Burgomaster can be appointed
to Council membership.
I
think
I
may say, however, that in practice
it
no longer occurs-as
it
did in former years-that a Burgomaster is at the
same time a member of the Council.
I
do not, in any event, know of any
example at the present time. In fact,
I
believe
it
is general practice for
a
103
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