The Institution High Council of State
The National Ombudsman of the Netherlands is a High Council of State on a par with the two Houses of Parliament (the States General), the Council of State, and the Netherlands Court of Audit. Like the judiciary, the High Councils of State are formally independent of the government. Another mark of the National Ombudsman's independence from the executive is that he is appointed by the lower House of Parliament (the House of Representatives), not by the Crown. This is highly unusual in Dutch constitutional law. The appointment of the National Ombudsman by the House of Representatives follows a recommendation by a committee comprising the vice president of the Council of State, the president of the Supreme Court of the Netherlands, and the president of the Netherlands Court of Audit.The National Ombudsman's appointment is for a term of six years, but re-appointment is possible.
The Act recognises that it would be improper for the Ombudsman to hold certain other public offices or any position ‘which is incompatible with the proper performance of his official duties or with his impartiality and independence or with public confidence therein' (section 5). It prescribes no formal qualifications for the post but legal expertise and a knowledge of public administration are obvious selection criteria.
The House of Representatives can dismiss the National Ombudsman only on the grounds specified in the Act, which are similar to those applying to members of the judiciary. One of the grounds for dismissal is if ‘in the opinion of the House of Representatives, he has as a result of his acts or omissions seriously undermined the confidence placed in him' (section 3, subsection 2g).
The legal status of the National Ombudsman is established by law and is the same as that of members of Parliament (section 6). His salary is laid down in a separate Act.