Legal framework and constitutional basis for activation

15 See, enlightening the background of tying up to employer s obligation to continue to pay wages (Barentsen 2006). 

16 The legislative division of the Council of State (Raad van State) examines, among other issues, whether draft legislation is compatible with the constitution see Art. 73(1) Gw. 

17 See also Art. 94 Gw. The ban under Art. 120 Gw has been extended to apply to the Charter of the Kingdom as a standard of constitutionality, Hoge Raad 14 April 1989, Neder-landse Jurisprudentie 1989,469 van der Pot (2006). The Charter in turn takes priority over the constitution, Belinfante and de Reede (2005). The prohibition of testing the constitutionality (toetsingsverbod) is questioned from time to time, see Bax (2000) Asscher (2003). 

International conventions, too, have a significant impact on social security law (Pennings 2006b). In the Netherlands, they almost seem more important than constitutional standards (Sichert 2006b). Unlike the testing of constitutionality (of laws), the review of domestic statutes with respect to provisions of international law is permissible to the extent that these provisions are binding on everyone, and therefore have direct effect (Art. 93 Gw). International law then prevails and domestic law 

19 According to Art. 19(3) the right of every Dutch national to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to an act of parliament. There is, however, no right to work, see van der Pot (2006). 

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