A New Social Contract: The Omtzigt Manifesto and the Reconstruction of the Dutch Constitutional Order
Executive Summary
The publication of Een nieuw sociaal contract (A New Social Contract) by Pieter Omtzigt in February 2021 represents a pivotal moment in the political history of the Netherlands. Ostensibly a manifesto released ahead of a general election, the text transcends the genre of campaign literature to function as a comprehensive constitutional critique of the Dutch administrative state.1 Authored by a parliamentarian who became the face of the opposition to the "Rutte doctrine" following his exposure of the Childcare Benefits Scandal (toeslagenaffaire), the book diagnoses a fundamental rupture in the trust between the government and its citizens.3
This report provides an exhaustive analysis of Omtzigt’s work, examining its genesis in the trauma of the benefits scandal, its theoretical underpinnings in Christian Democratic philosophy and Enlightenment contract theory, and its detailed prescriptions for institutional reform. The analysis reveals that Omtzigt’s central thesis is not merely policy-driven but structural: he argues that the checks and balances essential to a democratic Rechtsstaat (rule of law) have atrophied, creating a "system world" of models and technocracy that crushes the "life world" of ordinary citizens.3
The report dissects the ten core proposals outlined in the book, ranging from the establishment of a Constitutional Court and the reform of the electoral system to the overhaul of the senior civil service and the rethinking of social security. It further traces the trajectory of these ideas from the pages of the manifesto to the formation of the political party Nieuw Sociaal Contract (NSC) in 2023, and their subsequent impact on the Dutch political landscape, including the complex coalition formation of the Schoof cabinet.6 By synthesizing legal analysis, political science, and current events, this report concludes that A New Social Contract serves as the primary intellectual blueprint for the current era of Dutch governance, signaling a shift from consensus-based managerialism to a more adversarial and legally grounded form of accountability.
Part I: The Anatomy of a Crisis – Diagnosis of the Dutch State
1.1 The Myth of the "Finished Country"
For decades, the prevailing narrative in The Hague was that the Netherlands was a "finished country" (een af land). This concept, implicitly adopted by successive cabinets under Prime Minister Mark Rutte, suggested that the major ideological battles of the 20th century had been settled. The welfare state was established, the economy was functioning, and governance was merely a matter of technocratic "optimization".3 Omtzigt opens his critique by shattering this complacency. He argues that this belief led to a dangerous lethargy regarding the maintenance of democratic institutions. While the government focused on efficiency and budget balancing, the foundational pillars of the rule of law—legal protection, information transparency, and parliamentary oversight—were allowed to rot.3
The "finished country" mindset fostered a culture where structural problems were dismissed as "incidents." Whether it was the earthquake damage in Groningen caused by gas extraction or the systematic discrimination in the benefits system, the government’s reflex was to manage the public relations fallout rather than address the root causes. Omtzigt posits that the Netherlands is not finished; rather, it is in a state of institutional decay that requires a fundamental rebuilding of the "social contract"—the tacit agreement where citizens surrender some liberty to the state in exchange for protection and legal security.9
1.2 The Trauma of the Toeslagenaffaire (Childcare Benefits Scandal)
To fully grasp the urgency of Omtzigt’s manifesto, one must understand the Toeslagenaffaire as its empirical backbone. This scandal, which Omtzigt played a leading role in uncovering alongside SP MP Renske Leijten, serves as the case study for every theoretical point made in the book.10
In this scandal, approximately 26,000 parents were wrongfully accused of fraud by the Tax and Customs Administration (Belastingdienst) regarding childcare allowances. The consequences were catastrophic: families were driven into debt, bankruptcy, and divorce; some victims committed suicide, and over a thousand children were placed in foster care due to the resulting financial instability.10
Omtzigt uses this scandal to demonstrate a systemic failure across all three branches of government:
The Executive: The Tax Authority used discriminatory algorithms (targeting dual-nationality holders) and acted with an "all-or-nothing" harshness, reclaiming years of benefits for minor administrative errors.4
The Legislature: Parliament had passed the strict laws that enabled this harshness, often voting on complex "package deals" without scrutinizing the specific implications of the articles, a failure of the legislative duty Omtzigt seeks to correct.11
The Judiciary: The Administrative Jurisdiction Division of the Council of State (Raad van State) consistently ruled in favor of the government’s harsh interpretation, prioritizing the "efficiency" of the executive over the legal protection of the individual. This failure of the courts to protect citizens is the primary driver behind Omtzigt’s call for a Constitutional Court.12
The scandal revealed that the "system" had become a monster that devoured its own citizens, justifying the destruction of lives with the mantra of "following the rules."
1.3 The "Rutte Doctrine" and the War on Information
A central pillar of Omtzigt’s diagnosis is the existence of the so-called "Rutte doctrine." This term, which emerged from the text messages of civil servants revealed during the scandal investigations, refers to a governance culture explicitly designed to minimize the written record to avoid accountability.4
The doctrine is characterized by:
Oral Culture: Critical decisions are made in informal settings (the "Catshuis" sessions) or via SMS/WhatsApp, with messages subsequently deleted, leaving no archival trace for historians or parliamentarians.3
Article 68 Violations: The constitutional duty of the government to inform parliament (Article 68) is systematically obstructed. Omtzigt details how ministries would delay answering parliamentary questions, provide incomplete answers, or heavily redact ("black out") documents citing "personal policy views" of civil servants, a ground for refusal that Omtzigt argues has no legal basis in this context.4
Politicized Archives: The Public Records Act (Archiefwet) is routinely violated. The chaotic state of government information management means that even if a minister wanted to be transparent, the information might not be findable. Omtzigt recounts instances where "lost" lists of fraud suspects were suddenly found when political pressure peaked.3
Omtzigt argues that information is the lifeblood of democracy. Without a shared, factual reality, parliamentary debate is reduced to theater. The "New Social Contract" therefore demands a radical transparency revolution, where the default is "open unless" rather than "secret unless".13
Part II: Constitutional Reformation – Restoring the Rechtsstaat
2.1 The Case for a Constitutional Court
Perhaps the most significant legal proposal in A New Social Contract is the call to establish a Constitutional Court (Grondwettelijk Hof) and to abolish Article 120 of the Dutch Constitution.2
The Anomaly of Article 120:
The Netherlands holds a unique position in Western constitutional law due to Article 120, which states: "The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts." This prohibition, dating back to 1848, is rooted in the doctrine of parliamentary sovereignty—the idea that the democratically elected legislature is the supreme interpreter of the constitution, and that unelected judges should not have the power to overturn the will of the people.14
Omtzigt’s Counter-Argument:
Omtzigt argues that the 1848 logic is obsolete in a modern administrative state. The Toeslagenaffaire proved that the legislature is incapable of policing itself. When parliament acts as a "rubber stamp" for the executive (due to strict coalition agreements), there is no check on the violation of fundamental rights.11 While Dutch courts can review laws against international treaties (like the European Convention on Human Rights, via Article 94), they cannot review them against the national constitution. This creates a bizarre hierarchy where international law is superior to national constitutional law.12
The Proposal:
Omtzigt proposes a Constitutional Court modeled on the German Bundesverfassungsgericht or the Belgian Constitutional Court. This court would have the power of constitutional review (constitutionele toetsing).
Table 1: Models of Judicial Review
Feature
Current Dutch System
Omtzigt's Proposal (Constitutional Court)
Review Authority
Parliament (Self-policing)
Independent Constitutional Court
Basis of Review
International Treaties (ECHR) only
National Constitution + Treaties
Access
None for Constitutionality of Acts
Citizens (via specific cases) & MPs (abstract review)
Power
Courts cannot strike down Acts of Parliament
Court can annul unconstitutional laws
Role of Judges
Apply law as written
Test law against fundamental principles
Source: Derived from 12
The proposal includes mechanisms for both concrete norm control (arising from specific court cases, like a benefits claimant challenging a law) and abstract norm control (allowing a minority of MPs to refer a law to the court before enactment). This latter function is crucial for Omtzigt, as it gives the parliamentary minority a "brake" on the tyranny of the majority.3
2.2 Reforming the Legislative Process
Omtzigt contends that the House of Representatives has allowed itself to be sidelined. The "monism" of Dutch politics—where the coalition parties in parliament merge with the cabinet to form a single power block—has destroyed the dualism necessary for oversight.3
To restore the "primacy of politics," Omtzigt proposes technical but vital reforms to how laws are made:
Article-by-Article Treatment: Modern laws are often passed as massive framework acts. Omtzigt demands a return to debating and voting on laws article by article. This forces MPs to understand the specific implications of every clause (e.g., "what does this specific penalty clause mean for a single mother?").3
The Second Reading: He suggests introducing a procedural step where, after amendments are voted on, the final text is subjected to a "second reading" after a cooling-off period. This allows legal experts and MPs to check for inconsistencies or unintended consequences before the law is finalized, preventing the "sloppy legislation" that leads to execution disasters.3
Reinforcing Parliamentary Support: He highlights that individual MPs have a fraction of the support staff available to a junior minister. To effectively check the government, parliament needs its own independent budget for research, legislative drafting, and inquiry, reducing reliance on ministry-provided data.16
Part III: The Crisis of Representation and Electoral Reform
3.1 The Disconnect: "The Hague" vs. The Region
A pervasive theme in the book is the geographical and cultural disconnect between the political elite in The Hague (and the Randstad conurbation) and the rest of the country ("the province"). Omtzigt argues that the current electoral system exacerbates this divide.2
Currently, the Netherlands operates as a single nationwide constituency. Political parties present a single list of candidates. The order of this list is determined by the party leadership. Consequently, an MP’s re-election depends almost entirely on maintaining the favor of the party leader, not on representing a specific group of voters.3 This results in a parliament dominated by residents of the Randstad, with scant representation for peripheral regions like Zeeland, Limburg, or Groningen. Omtzigt explicitly links this lack of representation to policy failures like the handling of the Groningen gas earthquakes, where local cries for help were ignored for years.18
3.2 The Regional Electoral Proposal
To fix this, Omtzigt proposes a radical overhaul of the electoral system, advocating for a regional constituency model similar to those in Denmark or Sweden.2
The Mechanics of the Proposal:
Districts: The country would be divided into regional districts, likely corresponding to the twelve provinces.
Regional Mandates: A significant portion (e.g., 100 of 150) of seats would be allocated directly to these districts based on population. For example, North Holland might elect 15 MPs, while Drenthe elects 4.
National Top-Up: The remaining seats would be allocated from a national list to ensure that the final composition of parliament remains perfectly proportional to the national vote share (retaining the essence of the Dutch constitutional requirement for proportional representation).3
Strategic Goal:
The goal is to force MPs to campaign in their regions, hold town halls, and be accountable to local voters. If an MP for Overijssel ignores the problems of local farmers or transport, they risk losing their seat, regardless of what the party leader in The Hague thinks. This restores the "bond" between voter and representative.17
Critique and Feasibility:
Political scientists have noted that while this proposal is popular, it carries risks. It could encourage "pork-barrel politics" (bringing federal money to the district) or fragmentation. Moreover, simulations show that established parties (like Omtzigt’s former CDA or the new NSC) might benefit, while smaller, niche parties could struggle to find regional strongholds.17 However, Omtzigt maintains that without this territorial link, the "social contract" remains an abstraction for voters outside the centers of power.
Part IV: The Technocratic Trap – Models vs. Reality
4.1 The Dictatorship of the CPB (Central Planning Bureau)
Omtzigt, an econometrician by training (Ph.D. from the European University Institute), launches a blistering critique of the Dutch reliance on economic modeling.6 He argues that Dutch politics has been captured by a "model reality" (papieren werkelijkheid) that has little to do with the lived experience of citizens.
The primary target of his ire is the Central Planning Bureau (CPB). In Dutch politics, election manifestos are "calculated" by the CPB. Parties design their policies not to solve problems, but to score well in the CPB’s models regarding "purchasing power" (koopkracht) and GDP growth.20
The "Purchasing Power" Fallacy:
Omtzigt illustrates how this leads to perverse outcomes. To boost a purchasing power figure by 0.1% for a specific demographic in the model, politicians will invent complex tax credits or allowances. These "epicycles" make the tax system incomprehensibly complex.
Example: The "marginal pressure" (marginale druk) in the Dutch system can exceed 100%—meaning a low-income worker who earns an extra euro might lose more than a euro in withdrawn benefits. The model says the "average" person gains, but the individual is trapped in a poverty trap.21
4.2 The "Think Tank" Solution
Omtzigt argues that the monopoly of state-funded planning bureaus (CPB, PBL, SCP) narrows the intellectual horizon. He calls for a more pluralistic landscape where political parties rely on independent think tanks and diverse academic sources, rather than a single state-sanctioned calculator.2
He advocates for policy-making based on "normative" choices rather than "technocratic" inevitabilities. By hiding behind models, politicians evade responsibility ("The model says we must do X"). Omtzigt wants to force politicians to say, "We choose to do X because it is just," and then accept the electoral consequences.
Part V: Livelihood Security (Bestaanszekerheid)
5.1 Redefining the Social Safety Net
The concept of Bestaanszekerheid (Livelihood Security) is the socio-economic anchor of the book. Omtzigt argues that the neoliberal reforms of the last decades have eroded the certainty that hard work leads to a stable life.2
He identifies a "precariat" class—flexible workers, self-employed (ZZP'ers), and lower-middle-class families—who are one setback away from disaster. The "social contract" is broken because the state no longer guarantees the basics: affordable housing, access to healthcare, and energy security.
5.2 Specific Reform Proposals
Simplification of the Tax-Benefit System: Omtzigt calls for a dismantling of the "allowance circus" (toeslagencircus). Instead of taxing people and then giving the money back via complex subsidies (rent, care, child benefits), he advocates for higher minimum wages and lower taxes on labor, so people can live off their own income without dependence on the state’s bureaucracy.2
Social Banking and Debt: He critiques the punitive nature of government debt collection. The state should be a shield for the vulnerable, not a creditor that pushes them into bankruptcy. He proposes reforms to debt restructuring laws to make it easier for people to get a fresh start.
Food and Energy Security: Moving beyond pure market logic, he views food supply and energy infrastructure as national strategic assets that require state protection and regulation to ensure affordability.3
Part VI: Administrative Reformation – Fixing the Engine
6.1 The Problem with the ABD (General Administrative Service)
Omtzigt directs significant criticism toward the Algemene Bestuursdienst (ABD), the rotational system for top civil servants. Established to professionalize management, the ABD moves top officials (Secretaries-General, Directors-General) between ministries every few years.25
Omtzigt argues this has created a caste of "process managers" who lack deep subject-matter expertise. A top official might manage the Ministry of Justice one day and the Tax Authority the next, without understanding law or tax code.
Consequence: These managers rely on external consultants and are unable to push back against a minister’s illegal or unfeasible demands because they don't understand the technical details.
Proposal: Omtzigt calls for the abolition or severe reduction of the ABD. He wants a return to "career civil servants" who spend decades in a specific domain (e.g., education, defense) and possess the authority of expertise.3
6.2 Whistleblowers and Independent Oversight
The book highlights the plight of whistleblowers, who are often viewed as traitors by the bureaucracy. Omtzigt proposes a Whistleblower Protection Act that offers genuine legal immunity and financial support for civil servants who expose wrongdoing.26
Furthermore, he argues for the total independence of Inspectorates (Inspecties). Currently, the Inspectorate of Education or Justice often falls under the budget and authority of the very Ministry it inspects. Omtzigt proposes that these watchdogs should have their own budgets (determined by Parliament) and the right to publish reports without ministerial interference or sanitization.3
Part VII: The European Dimension
7.1 Subsidiarity and the "Yellow Card"
While often mischaracterized as a Eurosceptic, Omtzigt is a "Euro-realist" with extensive experience in the Council of Europe. His critique of the EU in A New Social Contract focuses on the democratic deficit.2
He champions the strict enforcement of subsidiarity—the principle that decisions should be taken as closely as possible to the citizen. He argues the Dutch parliament is too passive in using the "Yellow Card" procedure, which allows national parliaments to object to EU legislation that oversteps its bounds. He envisions a more assertive Dutch parliament that actively vets EU proposals for sovereignty concerns before they become law.28
7.2 The Transfer Union
Omtzigt is deeply skeptical of the EU evolving into a "Transfer Union" (where debts are mutualized) without a corresponding "Political Union" (democratic control). He warns that assuming joint debt (as in the Covid recovery funds) without federal control over national budgets creates a moral hazard and alienates voters in Northern Europe. He advocates for a "constructive but realistic" stance, blocking any creeping transfer of powers regarding taxation and social security.28
Part VIII: From Manifesto to Political Reality (2021-2025)
8.1 The Birth of NSC (Nieuw Sociaal Contract)
Following his split from the CDA and a period as an independent MP ("Groep Omtzigt"), Omtzigt founded Nieuw Sociaal Contract (NSC) in August 2023. The party’s statutes and platform were explicitly based on the book.29 This was a rare instance of a party forming around a philosophical text rather than a collection of interest groups.
The party’s meteoric rise in the polls—challenging for the largest party status within weeks of founding—demonstrated that Omtzigt’s diagnosis of "system rot" resonated deeply with the electorate.10
8.2 The 2023 Election and the Formation Puzzle
The November 2023 election resulted in NSC winning 20 seats, making it pivotal for any coalition. However, the victory of Geert Wilders’ far-right PVV presented Omtzigt with a dilemma directly related to his book.32
The Rule of Law Test: Omtzigt had campaigned on restoring the Rechtsstaat. The PVV’s manifesto contained proposals (banning the Quran, closing mosques) that violated the very Constitution Omtzigt sought to protect.
The Compromise: Omtzigt refused a traditional coalition with the PVV but eventually agreed to an "extra-parliamentary" program cabinet (Cabinet Schoof), provided the PVV withdrew its unconstitutional proposals. This maneuver was a direct application of his principles: seeking to respect the voters (who chose Wilders) while protecting the constitution (by enforcing a "baseline" of rule of law).6
8.3 Implementation Challenges
Since entering the coalition, Omtzigt’s proposals have faced the reality of governance.
Constitutional Court: The government has agreed to prepare legislation for constitutional review, a major victory for the manifesto.13
Electoral Reform: The Minister of the Interior (an NSC appointee) has launched plans for a new electoral system, though resistance from established parties remains high.34
Fiscal Reality: The desire for Bestaanszekerheid clashes with the fiscal conservatism also preached by Omtzigt. The tension between increasing social security and maintaining sound public finances (a key Omtzigt tenet) remains a central conflict in the Schoof cabinet.35
Part IX: Critical and Academic Reception
9.1 Support from the Legal Community
The legal establishment has largely welcomed Omtzigt’s proposals on the Constitutional Court. Scholars like Geerten Boogaard (Leiden University) have validated Omtzigt's view that the Dutch prohibition on judicial review is an outdated anomaly that harms legal protection.12 The book is credited with moving this topic from obscure academic conferences to the center of the legislative agenda.15
9.2 Political Science Critiques
Political scientists have been more divided.
Electoral System: Researchers like Simon Otjes argue that the regional electoral system might not solve the "trust gap." They point out that voters in regional systems (like the UK or France) are often just as dissatisfied with their elites. The problem might be cultural—polarization and media fragmentation—rather than purely institutional.17
The "Messiah" Trap: Critics note that the book projects an image of Omtzigt as a singular "savior" of the nation. This personalization of the "social contract" creates unmanageable expectations. When Omtzigt inevitably compromises (as in the coalition talks), the disappointment among his followers is amplified, leading to volatility in NSC’s support.11
Conclusion: An Unfinished Blueprint
Een nieuw sociaal contract is the most significant political manifesto in the Netherlands of the 21st century. It effectively dismantled the "Rutte doctrine" and forced a national reckoning with the quality of Dutch governance. It shifted the political axis from "Left vs. Right" to "System vs. Citizen."
The book’s proposals—specifically the Constitutional Court, the new electoral system, and the focus on livelihood security—now form the backbone of the government’s reform agenda. However, the transition from "prophet" (Omtzigt the MP) to "power" (NSC the governing party) reveals the difficulty of the task. Rebuilding a social contract is not merely a matter of passing ten laws; it requires a cultural transformation in the civil service, the judiciary, and the political parties themselves.
Omtzigt’s work stands as a warning: the Dutch consensus model is not immortal. Unless the state can learn to listen to its citizens, protect the vulnerable from its own bureaucracy, and respect the constraints of the constitution, the contract will remain broken, fueling further instability and polarization. The coming years will determine whether Omtzigt’s blueprint leads to a genuine constitutional renovation or remains a testament to the difficulty of reforming a deeply entrenched technocracy.
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