The cabinet has fallen but will continue to govern for the time being. How does that work?

"When a cabinet becomes an interim cabinet, it is essentially waiting for a newly appointed cabinet. Because the country cannot function without government officials, the interim officials essentially hold the position temporarily," explain Efthymiou and Scherpenisse. In this case, the cabinet's resignation request submitted by Prime Minister Rutte to the King marks the start of the interim period. This period ends when the King officially grants the resignation through a so-called "royal decree" (see Article 43 of the Constitution). The appointment of new government officials, the possible reappointment of current government officials, and the dismissal of other current government officials all occur simultaneously. "All of this will only happen after the elections on 22 November 2023 and the subsequent formation process. Looking at the previous formation process, Mark Rutte could easily remain in the Prime Minister's office for another year," expect the researchers.

'Caretaker Prime Minister'

Now, regarding the motion of no confidence. Can an interim cabinet still be "given the sack"? Efthymiou and Scherpenisse state, "Since the cabinet's resignation request is already with the King, that is impossible. However, individual government officials can leave prematurely if Parliament withdraws their confidence." But why would you withdraw confidence from an interim minister? "There may be many reasons for doing so, but one possible reason in this specific case could be political: to make it difficult for them to return as prime minister." Appointing a "caretaker prime minister" instead of Mark Rutte can also not happen quickly. "It is not likely that a new prime minister would be appointed without (implicit) approval from a majority of Parliament, considering the confidence rule. Parliament is free to withdraw their confidence in any potential new 'caretaker prime minister'." Moreover, due to Mark Rutte's intention not to run in the upcoming elections, the motion of no confidence was withdrawn, and the issue of a "caretaker prime minister" was off the table. Withdrawing the motion of no confidence after the announcement of Mark Rutte's mentioned intention can be seen as confirmation of the aforementioned political reason for submitting the motion. "Now that Mark Rutte will not return as prime minister, there was no longer a need to hinder his return by politically damaging him," state the researchers.

Declaring topics controversial

Lastly, the "declaration of controversial topics" deserves some attention. The Senate and the House of Representatives can suggest topics that the caretaker cabinet should set aside until the next cabinet takes office (see, for example, Article 11.3 of the Rules of Procedure of the House of Representatives). "This is done to prevent a cabinet that cannot be sent home as a whole from making certain potentially sensitive decisions," explain the constitutional law experts. "However, this does not mean that major political issues will necessarily be put on hold." For example, Cabinet Rutte III continued to develop policies on the COVID-19 dossier during the COVID-19 period after consulting with the House of Representatives, even though it had already submitted its resignation to the King. As it stands now, the House of Representatives is postponing the declaration of specific topics as controversial until September, according to Efthymiou and Scherpenisse. "At that point, we will have clarity on which areas the caretaker Cabinet Rutte IV will still be active. The expectation is that policies regarding, for example, the war in Ukraine, the childcare benefits scandal, and the gas issue in Groningen will not come to a standstill."