Abstract

Many issues do raise fundamental questions about the constitutionality of (non)-intervention from the executive and the legislator. In most cases, it is the government who is primarily responsible and best equipped for addressing these

P.

Department Constitutional Affairs and Legislation, Ministry of the Interior and Kingdom

Relations of the Netherlands, The Hague, The Netherlands

e-mail: paul.sasse@minbzk.nl

Department of General Law Studies and History of Law, Faculty of Law, University of Groningen, Groningen, The Netherlands

Department of Public Law, Faculty of Law, Free University Amsterdam, Amsterdam, The Netherlands

© T.M.C. ASSER PRESS and the authors 2022 53

J. de Poorter et al. (eds.), European Yearbook of Constitutional Law 2021,

European Yearbook of Constitutional Law 3, https://doi.org/10.1007/978- 94-6265-535- 5_4 issues in first instance, including the compatibility review, assisted by many internal and external advisory bodies or agencies. For many different reasons, additional scientific research or external constitutional advice on a regular basis is often needed. High Councils of State, advisory councils, commissions and committees or interna­tional bodies will then be requested to give advice. Special ad hoc commissions or committees are frequently established in order to give such advice equally. Recent political crises and judicial decisions do raise the question whether or not all this constitutional advice does finally make sense, and if not, why continuing or what can be done better? In order to contribute to answering these questions, this chapter will present an overview and categorization of different kinds and ways of consti­tutional advice and finally makes remarks about its effectiveness. It will conclude, among other things, that (meta) evaluations on the effectiveness and impact of advice should be strengthened. Besides, maintaining the constitution and thus the rule of law is not only about institutions and formal legal safeguards, but also about maintaining an enabling environment for the constitution and rule of law through the political culture. Self-restraint in the use of powers might be one of the keys to constitutional success.

Keywords Actors • advisory bodies • constitution • constitutional advice • culture • evaluation • fundamental rights • High Councils of State • human rights • impact • legislation • rule of law

4.1