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Two-thirds majority required in Dutch Parliament for new pension law not met

Three professors, including Leiden Professor of Constitutional and Administrative Law Wim Voermans, sent an urgent letter to the Dutch Senate on 29 May 2023 concerning the new pension system. The criticism focuses not so much on the content of the new pension system, but on the fact that, according to the Constitution, the required two-thirds majority in the Lower House must have been met when voting on the incomes of parliamentarians.

Unconstitutional

Opponents of the new pension law - political parties SP and 50Plus - have asked professors Wim Voermans (Leiden University), Joost Sillen (Maastricht University), and Paul Bovend'Eert (Radboud University) for advice and have announced that they will appeal based on the trio's objection that the new pension law is unconstitutional.

Technicality

The government, however, is of the opinion that this amendment is in fact a technicality that does not directly affect MPs. The three professors refuted this argument and argued that the Constitution does not distinguish between technical and non-technical changes. In addition, the trio believes that the amendment does affect parliamentarians.

The professors' criticism of unconstitutionality did not prevent the Senate from still passing the new Pension Act on 30 May 2023. 

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