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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HOW DO YOU SOLVE DISPUTES BETWEEN KINGDOM PARTNERS?

With a mature dispute settlement mechanism

Disputes are of all times. Sometimes they are big, sometimes small. Sometimes of a principled nature, sometimes they deal with (small) earthly matters. Disputes can exist between people, but also between countries. There are also (strong) disputes between the countries within our Kingdom.

When it comes to disputes when making a certain choice, and a choice has to be made, the question is how you can best solve those disputes. Let us focus on disputes within the Kingdom, between the four countries: the Netherlands, Aruba, Curaçao and St. Maarten.

A possible model for dispute …
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07
Jun 2018
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Legal

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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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Legal

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