Regency Plans For European Monarchies.

[Mbruno]

2) The heir would be addressed according to the normal protocol i.e. crown prince/ss (or the equivalent title) XX

That would be definitely the case in Belgium where, under the constitution, the heir does not ascend the throne until he/she actually takes the constitutional oath before a joint session of parliament, which he/she can only do after turning 18. However, in the UK, my understanding is that the heir by law automatically becomes king/queen once the throne is vacant. In that case, shouldn't he/she be addressed as "His/Her Majesty King/Queen xxx" even if, due to his/her age, the royal prerogative is being actually exercised by a regent ? Maybe the regular British posters could clarify that.

 

[wyevale]

Maybe the regular British posters could clarify that.

Indeed that is the case, there is no period of time, [not even one second] when the throne is vacant in the UK, so the child is instantly 'Your Majesty' on the death of his/her predecessor.

 

[TLLK]

In countries like Sweden or the Netherlands, and I suppose also in Belgium, the regent is chosen by the country's parliament and doesn't necessarily have to be the next adult in line to the throne. For example, if I am not mistaken, it has been decided in the Netherlands that, if Princess Amalia ascends the throne before turning 18, her mother, Queen Maxima, will serve as regent if available, as opposed to her uncle, prince Constantijn. I also believe that, in Spain, the constitution explicitly gives precedence to a surviving parent over the next adult in line to be the regent. Conversely, in the UK, I believe the law says the next adult in line automatically becomes the regent.

In summary, rules change from country to country and you may choose any of the aforementioned models for your novel.

My understanding that the DoE was to be the regent for Charles instead of Margaret should something have happened to QEII.

 

[muriel]

My understanding that the DoE was to be the regent for Charles instead of Margaret should something have happened to QEII.

That is correct. However, if I am not mistaken, an Act of Parliament was passed to effect this arrangement.

 

[Ish]

That is correct. However, if I am not mistaken, an Act of Parliament was passed to effect this arrangement.

You are correct. In Britain, the rules regarding a regency have been law since the 1930s, so in order to amend them to make the DoE the regent Parliament had to be involved.

In other realms, though, the rules around regencies, where they exist, aren't always actual laws so they can be changed more easily.

 

[Skippyboo]

The regency act of 1937 established rules for a regency for future monarchs before they just pass a regency act when it was needed which was quite common from the early 1800s as their were underage heirs to William VI, Victoria and George V. George Vi and Elizabeth II had underage heirs at the beginning of their reigns. In 1953, another regency act was passed to make Philip the regent for underage Charles.

Charles doesn't have a underage heir so William could if he comes to the throne in the next 16 years. Potentially another act could be passed to make Catherine the regent instead of Harry like they did in 1953. I would think that if George was close to 18 that they would not bother with it. Per law, Catherine would be George's legal guardian during a regency for being under age if he was unmarried. While Harry would be the regent if no other laws were passed.


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[Duc_et_Pair]

In countries like Sweden or the Netherlands, and I suppose also in Belgium, the regent is chosen by the country's parliament and doesn't necessarily have to be the next adult in line to the throne. [...]

When King Willem-Alexander ascended to the throne (2013) there were even three separate Acts issued (and approved) around the regency:

Regency Act 2013
Regulates that HRH Princess Máxima of the Netherlands will be the Regentess until her daughter, the Queen, has reached the age of 18 years.
Regulates that in an event that also Princess Máxima has passed away, HRH Prince Constantijn of the Netherlands will be the Regent until his niece, the Queen, has reached the age of 18 years.

Act on the annual dotation to the Regent 2013
Regulates that the Regent(ess) will receive a part of the annual dotation to the Queen as an income.
Regulates that this income will be calculated (levelled) with the normal dotation which a Regent might receive as dowager to the late King.
Regulates that certain residences may be given at the disposal of the Regent(ess).

Act on the parental authority over the minor King 2013
Regulates that HRH Princess Máxima of the Netherlands has the parental authority over her daughter, the Queen.
Regulates that HRH Princess Máxima of the Netherlands also has the parental authority over other children born from the marriage of the late King.
Regulates that HRH Princess Máxima of the Netherlands will be advised by a Board of Trustees.
Regulates that the members said Board will be: the Vice-President of the Council of State, the President of the Auditory Chamber and the President of Supreme Court of Justice and two more members to be appointed by Royal Decree.
Regulates that a Secretary will be appointed and a secretariate will be created for the Board of Trustees.
Regulates the costs for the workings of this secretariate and the re-imbursement of the members of the Board of Trustees.
Regulates that the parental authority is limited concerning the properties which are owned by the (underaged) Queen.

 

[Princess Robijn]

Interesting. It's good to see it complete IMO. Hopefully it will never be needed.

 

[AnaC]

In countries like Sweden or the Netherlands, and I suppose also in Belgium, the regent is chosen by the country's parliament and doesn't necessarily have to be the next adult in line to the throne. For example, if I am not mistaken, it has been decided in the Netherlands that, if Princess Amalia ascends the throne before turning 18, her mother, Queen Maxima, will serve as regent if available, as opposed to her uncle, prince Constantijn. I also believe that, in Spain, the constitution explicitly gives precedence to a surviving parent over the next adult in line to be the regent. Conversely, in the UK, I believe the law says the next adult in line automatically becomes the regent.

In summary, rules change from country to country and you may choose any of the aforementioned models for your novel.

You're right regarding the Spanish case (also the underage King/Queen is the King/Queen not Crown Prince(ss)), the regency scenario is outlined in the article 59 of the Constitution:

Art. 59

1. In the event of the King being under age, the father or mother of the King or, in default thereof, the relative of legal age who is nearest in succession to the Crown, according to the order established in the Constitution, shall immediately assume the office of Regent, which he shall exercise during the King's minority.
2. If the King becomes incapacitated for the exercise of his authority, and this incapacity is recognized by the Cortes Generales, the Crown Prince shall immediately assume the powers of the Regency, if he is of age. If he is not, the procedure outlined in the foregoing clause shall be followed until the coming of age of the Crown Prince.
3. If there is no person entitled to assume the Regency, the latter shall consist of one, three or five persons.
4. In order to exercise the Regency, it is necessary to be Spanish and legally of age.
5. The Regency shall be exercised by constitutional mandate, and always on behalf of the King.

 

[Suzzanah]

manners

You do not ask the queen to retire. That is her decision.She is a sensible woman and will consider that when the time is right. I hope she lives to 105.She is the most fun of all the political figures over 50.She keeps the world young at heart.

Interesting question. I am not sure what the plans are for other countries.


but I got to wondering atter reading this if Queen Elizabeth lives to 101 like her Mother (not impossible but unlikely as one poster said). you really can't expect her to be a active monarch at that age like she is now and she is already starting to slow down a little bit. At what point would Prince Charles have to step in and act as Regent if she does live to 100? Woud it be by her 95th Birthday or after if she still living by then?

 

[Suzzanah]

Rules

There are rules about regnant royals versus non regnant. A regent rules for a regnant royal by their side until they are of majority age. Check with debretts. They might have more information on this for you.

In countries like Sweden or the Netherlands, and I suppose also in Belgium, the regent is chosen by the country's parliament and doesn't necessarily have to be the next adult in line to the throne. For example, if I am not mistaken, it has been decided in the Netherlands that, if Princess Amalia ascends the throne before turning 18, her mother, Queen Maxima, will serve as regent if available, as opposed to her uncle, prince Constantijn. I also believe that, in Spain, the constitution explicitly gives precedence to a surviving parent over the next adult in line to be the regent. Conversely, in the UK, I believe the law says the next adult in line automatically becomes the regent.

In summary, rules change from country to country and you may choose any of the aforementioned models for your novel.

 

[Mbruno]

Traditionally, in European monarchies, two possible rules are/were used to name a regent for an underage monarch:

1. The monarch's surviving parent becomes the regent (in the past, that usually meant the monarch's mother).
2. The next adult person in the line of succession becomes the regent (previously, under male-preference succession, that person would normally be the monarch's uncle, unless the former monarch had no brothers).

What are the advantages and disadvantages of models 1 and 2, and how would they compare to an alternative model 3 where Parliament appoints a regent or a regency council composed of people who are not related to the monarch and are not in the line of succession themselves?

 

[Tatiana Maria]

Traditionally, in European monarchies, two possible rules are/were used to name a regent for an underage monarch:

1. The monarch's surviving parent becomes the regent (in the past, that usually meant the monarch's mother).
2. The next adult person in the line of succession becomes the regent (previously, under male-preference succession, that person would normally be the monarch's uncle, unless the former monarch had no brothers).

What are the advantages and disadvantages of models 1 and 2, and how would they compare to an alternative model 3 where Parliament appoints a regent or a regency council composed of people who are not related to the monarch and are not in the line of succession themselves?

I am not an expert, but I thought model 3, or combinations of 1, 2 and/or 3 (e.g., a regency council headed by the queen dowager or the prince next in line to the throne) were traditionally commonplace in European monarchies.

In the present-day European monarchies, I think a council of regency is unnecessarily complex (even though it remains the arrangement provided by the Norwegian constitution). A regency council may balance the interests of jealous factions or prevent a single ambitious regent from exceeding their authority, but those functions are fairly irrelevant to today's European monarchs, who either operate as apolitical figureheads or govern politically stable microstates.

As for the alternatives of monarch's surviving parent versus the next adult in the line of succession to the throne, I think that, in this age of slimming down European royal houses, the surviving parent will in most cases be better suited, owing to her day to day exposure to the constitutional and representative duties of the monarchy during her time as queen consort or crown princess consort. In a slimmed-down royal house, the next adult in line to the throne (who most often will be a younger child of a previous monarch) will likely have a modicum of experience from occasional official engagements, but will have spent most of their adult life in the private sector.

However, while appointing the surviving parent is more beneficial to the monarchy, it is less beneficial to the child monarch and their siblings. Losing one parent as a child and then being deprived of family time with the surviving parent because, as regent, their time and energy are occupied by the heavy demands of serving as de facto monarch, is not ideal for children. If there is another senior working royal who is competent and available (such as the young monarch's grandparent), that would be the better option, in my opinion.

 

[Alison H]

Historically, option 2 was seen as being best, because the child monarch's surviving parent would usually have been a princess or noblewoman of another country, and would therefore have been biased towards that country. For example, Mary of Guise, whilst acting as regent in Scotland, was strongly biased towards the Guise faction in France.