Advice to government Curacao: Add cancellation-right to consensus kingdom laws

POSTED: 10/9/14 9:13 PM

WILLEMSTAD – The Committee for the Evaluation of Kingdom Laws in Curacao (CVR) advises the government to add a cancellation right to the four consensus kingdom laws. According to the committee the point of departure for these laws was that there had to be consensus between the countries in the kingdom. “When consensus falls away in this ‘atmosphere of the agreements of wills’ cancellation must be possible,” the committee wrote in its advice on July 15.

Earlier this week, the Asjes-cabinet sent the advice to the Parliament at the request of MP Armin Konket. The committee indicates that anchoring the cancellation-right in the consensus Kingdom laws is a wish with a long history and that there was agreement about this in the recent kingdom conferences.

“Nevertheless, the cancellation-right that works towards the future, must be distinguished from the right to cancellation based on the evaluation-result and the position evaluation-partners take.”

The committee notes that three of the four consensus kingdom laws more or less contain a cancellation article. Only the kingdom law Common Court of Justice does not contain such an article. The other three – concerning the Public Prosecutors Offices, Police and Law Enforcement Council – state “that this kingdom law can be amended by kingdom law by mutual agreement” and that, based on the evaluation the decision can be taken by mutual agreement to abolish the kingdom law.

Since there is an article about termination, termination must be a realistic option without prejudice after the evaluation,” the committee writes in its advice.

The committee emphasized that it considers the addition of a right to terminate the laws necessary. The committee also insists on an investigation into which kingdom laws can be terminated immediately after the evaluation.

Interestingly, the committee opposes the concept of a joint attorney-general, as is the case right now. “That is not efficient. One attorney-general cannot work in three countries at the same time and he is not able to serve three bosses simultaneously in an efficient manner.”

The committee is furthermore of the opinion that the Minister of Justice must be able to decide about the appointment and dismissal of the highest authority within the prosecutor’s office. On the other hand, the attorney-general must be able to lead the prosecutor’s office without political interference. According to the committee the appointment and dismissal by royal decree offers sufficient guarantees for this.

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