Co-determination councils and committees represent the students and staff of their institution, but how exactly? At the most abstract level by exercising its legal rights. This guide outlines the rights of the co-determination bodies. We explain the most important of these (the rights of consent, advice, initiative, information and support) in this guide. More on how to exercise these rights in practice can be found on this page.
This guide is divided into two overarching sections: Universities and Universities of Applied Sciences. Different chapters of the Higher Education and Scientific Research Act (WHW) apply to these two types of educational institution (Chapters 9 and 10 respectively). In general, the rights are very similar between the two, but there are differences. Make sure you look in the right place on this page!
In these overarching sections, we will elaborate on the three levels: central, decentralised and programme level. Especially between central/decentralised level and the programme level, there can be significant differences in rights. Furthermore, at universities there are “service councils”, co-determination bodies attached to central services (e.g. the library, communication, finance, etc.)
For a detailed explanation of (the nuances of) individual rights, the WHW itself is of course a good source: Chapter 9: The governance and organisation of universities and Chapter 10: The governance and organisation of universities of applied sciences. Also, the booklet ‘WHWatisdat!?’ is a good source (for students and staff under an undivided system).
In an undivided system, students have at least the rights they would have in a shared system (WHW art. 9.30 paragraph 3; or WHW art. 10.16a paragraph 3). For employees, this often also applies in practice; in addition, in the case of an undivided system, they are also subject to the WOR (WHW art. 9.30 paragraph 1a; or WHW Art. 10.16a paragraph 1a). For this reason, we choose not to discuss the rights and obligations of codetermination under the different systems separately as a rule. More about the different co-determination systems can be found here.
In this guide, we do not (yet) deal with the rights arising from the WOR. However, we do have the ambition to add this in the future.
Universities:
Central:
The best-known rights:
- Consent (WHW art. 9.33; WHW art. 9.30a; WHW art. 9.32a applies)
- Advice (WHW art. 9.35; WHW art. 9.33a; WHW art. 9.32a applies)
- Information (WHW art. 9.32 paragraph 5, 6)
- Initiative (WHW art. 9.32 paragraph 2)
The lesser known (but very important!) rights:
- Support (WHW art. 9.48 paragraph 1)
- Training (WHW art. 9.48 paragraph 2)
- Consultation with
- Supervisory board (WHW art. 9.8 paragraph 2)
- Executive board (WHW art. 9.32 paragraph 1, 2a)
- Starting a formal dispute (WHW art. 9.40 paragraph 1)
- Protection (WHW art. 9.32 paragraph 9, 10)
- Enhanced right of initiative (WHW. Art. 9.30a paragraph 5)
The obscure (and still very important) rights:
- Participation in appointment of executive board members (WHW art. 9.3)
- Nomination of a member of the supervisory board (WHW art. 9.7 paragraph 2)
- training and preparation for the council work (sort of) (WHW art. 9.32 paragraph 5)
- Submit request for opinion of Human Rights Board (College van de Rechten van de Mens) (WHW art. 9.34J)
Decentralised:
- The powers of decentralised employee participation are largely determined by the central University Council Regulations (WHW art. 9.34h)
The best-known rights:
- Consent (WHW art. 9.37 paragraph 2; WHW art. 9.38)
- Advice (WHW art. 9.37 paragraph 2)
- Information (WHW art. 9.38a)
- Initiative (WHW art. 9.38a)
The lesser known (but very important!) rights:
- Support (WHW art. 9.48 paragraph 1, 3)
- Scholing (WHW art. 9.48 paragraph 2, 3)
- Consultation (WHW art. 9.38a)
- Hearing proposed appointment/dismissal of the dean/Faculty Board (WHW art. 9.13 paragraph 2)
- Starting a formal dispute (WHW art. 9.40 paragraph 1)
Programme level:
- Consent (parts of) OER (WHW art. 9.18 paragraph 1a)
- Advice (parts of) OER (WHW art. 9.18 paragraph c)
- Initiative (WHW art. 9.18 paragraph 1d, 4)
- Consultation (WHW art. 9.18 paragraph 5)
- Support (WHW art. 9.48 paragraph 1, 3)
- Training (WHW art. 9.48 paragraph 2, 3)
Service councils:
- Consent (WHW art. 9.50 paragraph 4)
- Advice (WHW art. 9.50 paragraph 2)
- Initiative (WHW art. 9.50 paragraph 3)
Universities of Applied Sciences:
Central:
The best-known rights:
- Consent (WHW art. 10.16b paragraph 2, 3, 6, 7; WHW art. 10.20; WHW art. 10.21 paragraph 2; WHW 10.24 paragraph 1; WHW art. 10.19a applies)
- Advies (WHW art 10.20a paragraph 1-3; WHW art. 10.19a; WHW art. 10.23 paragraph a-d apply)
- Information (WHW art. 10.19 paragraph 6)
- Initiative (WHW art. 10.19 paragraph 2)
The lesser known (but very important!) rights:
- Support (WHW art. 10.39 paragraph 1)
- Training (WHW art. 10.39 paragraph 2)
- Consultation with
- Supervisory board (WHW art. 10.3d paragraph 5)
- Executive board (WHW art. 10.19 paragraph 1, 2)
- Starting a formal dispute (WHW art. 10.26)
- Protection (WHW art. 10.19 paragraph 9, 10)
- Enhanced right of initiative (WHW art. 10.16b paragraph 5)
The obscure (and still very important) rights:
- Nomination of one Supervisory Board member (WHW art. 10.3d paragraph 4)
- Participation in appointment of Executive Board members (WHW art. 10.2 paragraph 3)
- Hearing of proposed appointment/dismissal of Executive Board (WHW art. 10.24 paragraph 3)
- training and preparation for the council work (sort of) (WHW art. 10.19 paragraph 5)
Decentralised:
- The decentralised council’s right of consent and advice is largely determined by the responsibilities placed with the faculty. If the central council would have had rights over it, the decentralised council now has rights over it. (WHW Art. 10.25 paragraph 1)
- Support (WHW Art. 10.39 paragraph 1, 3)
- Training (WHW Art. 10.39 paragraph 2, 3)
Programme level:
- Consent (parts of the) OER (WHW Art. 10.3c paragraph 1a)
- Advice (parts of the) OER (WHW Art. 10.3c paragraph 1c)
- Support (WHW Art. 10.39 paragraph 1, 3)
- Training (WHW Art. 10.39 paragraph 2, 3)
- Consultation (WHW Art. 10.3c paragraph 5)