Do TTIP and CETA ratification in The Netherlands require primary legislation that can be subject to a consultative referendum?

Question

In The Netherlands, the Wet raadgevend referendum (Advisory Referendum Act) states that most types of primary laws can be subjected to a suspensory, non-binding referendum if requested shortly after royal assent and subsequent proclamation.

Do ratification of TTIP and CETA require primary laws to be passed in Dutch Parliament, such that citizens have the opportunity to request a suspensory, non-binding referendum?

In other words: in the path that TTIP and CETA need to follow until they get into force, is it certain that the people of The Netherlands will have the opportunity to request a suspensory, non-binding referendum on its implementation?

Although the law excludes legislation passed solely for the execution of treaties or decisions of intergovernmental organisations, it did permit a referendum on the Ukraine-EU association treaty. How is it for TTIP and CETA? Could people trigger a referendum for the ratification of those, based on the Wet raadgevend referendum?

Answer 1

Virtually all treaties in the Netherlands have to be approved by Parliament, although often a silent procedure is followed in which the treaty is deemed to have approval if no request for a parliamentary evaluation has been lodged. But even in that case a referendum may be requested. An exception I know of is when legislation has to be introduced at high speed. This argument was used with the approval of the Unified Patent Court Agreement, even though the reasons for that speed were IMO... doubtful.

The clause you mention "legislation passed solely for the execution of treaties or decisions of intergovernmental organisations", is for more "administrative" changes to treaties, but not for substantial changes to treaties.

That being said, the referendum act may be withdrawn (its withdrawal act is in the Senate for approval), and CETA has not been proposed to parliament yet. TTIP negotiations are frozen, so no agreement is expected.

Furthermore, for treaties that -also- will apply in Aruba, Curacao or Sint Maarten no referendum can be requested (but that's not the case here).