ST. MAARTEN CONSTITUTIONAL LAW

Never a dull moment

In St. Maarten there is again a lot of discussion about political developments, but also about constitutional law. I will answer some frequently asked questions here. Of course, I didn’t come up with all the answers myself. At the bottom of this text the most important source is mentioned.

Can parliament fall? Can parliament have an outgoing status? The answer is no. If parliament is dissolved, it remains fully empowered. The dissolution becomes effective on the date on which the newly elected parliament meets (Section 59(3) Constitution). Professor Van Rijn and professor Rogier are also of …
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28
Sep 2019
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Legal

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THE CONSTITUTIONAL LAW OF ST. MAARTEN

According to constitutional law it is simple and difficult at the same time

The following is simple:

Section 33 Constitution of St. Maarten:

  • The Prime Minister and other Ministers are appointed and dismissed pursuant to a national decree.
  • If a Minister no longer has the confidence of the States, he will resign from his post.
  • With regard to the second subsection further rules can be laid down in a national ordinance.
  • The States can only reject a draft national ordinance or decide not to put forward a proposal of such a draft with two-thirds of the votes of its current …
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  • 20
    Oct 2015
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    CURACAO SHOULD ESTABLISH A CONSTITUTIONAL COURT

    Speech by Karel Frielink, President of the Curacao Bar Association, given on Friday 21 September 2012 on the occasion of the inauguration of three judges of the Joint Court of Justice of Aruba, Curacao and St Maarten and of Bonaire, St Eustatius and Saba

     

    Madam President! Excellency! Ladies and gentlemen!

    “Our government, our parliament and our judiciary are the cornerstones of the sustainable, positive development of our Country. With our belief in God we shall enjoy His protection, for blessed are those whose God is the Lord. We shall pull together and serve our Country with love in equality …
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    26
    Sep 2012
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    THE DISMANTLING OF THE NETHERLANDS ANTILLES

    The Country known as the Netherlands Antilles will disappear as of 10-10-10

    The country, the Netherlands Antilles, consists of Bonaire, Curacao, St. Maarten, St. Eustatius and Saba, and forms part of the Kingdom of the Netherlands. On 10 October 2010 the Netherlands Antilles will no longer exist. Two new countries will be born on that date: the country Curacao and the country St. Maarten. Both new countries will be part of the Kingdom of the Netherlands; however, they will each have their own government and legislature. The island of Aruba gained similar autonomy in 1986.

    The legislation currently in place …
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    30
    Sep 2010
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    THE DISMANTLING OF THE NETHERLANDS ANTILLES

    Info Bulletin Dismantling available

    The country The Netherlands Antilles (‘het Land de Nederlandse Antillen’) will cease to exist, presumably in 2010. Like Aruba, although slightly different, Curacao and St. Maarten will receive the status of autonomous country within the Kingdom of the Netherlands in accordance with referendums held on both islands. Bonaire, St. Eustatius and Saba will each receive the status of Dutch municipality (a.k.a. Kingdom Island).

    The Ministry of Constitutional and Interior Affairs has published a number of info bulletins on the dismantling of the Netherlands Antilles:

    Bulletin 1

    Bulletin 2

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    23
    Jan 2009
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    DUTCH SAME-SEX COUPLES HAVE THE SAME RIGHTS AS OPPOSITE-MARRIED COUPLES IN THE DUTCH CARIBBEAN

    Spigthoff represented plaintiff

    According to a recent court ruling in the Netherlands Antilles (Court of First Instance, 17 July 2008), a same-sex couple that was married in the Netherlands and subsequently moved to the Netherlands Antilles (Curacao), has the same rights under Netherlands Antilles law (or Aruban law as the case may be) as Netherlands Antilles opposite-married couples as far as health insurance is concerned. Dr. Douwe Boersema of Spigthoff Attorneys & Tax Advisers on Curacao represented the couple.

    Same-sex couples have been able to marry in the Netherlands for the last seven years. However, Aruba and the …
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    07
    Aug 2008
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