TYPES OF LEGISLATION IN THE NETHERLANDS ANTILLES
Legislation can derive from several levels of government
The Netherlands Antilles is part of the Kingdom of the Netherlands and consists of five islands: Curacao, Bonaire, St. Maarten, St. Eustatius and Saba. Both the Netherlands Antilles and the five island have legislative powers. The three constituent parts of the Kingdom – the Netherlands, Aruba and the Netherlands Antilles – are of equal status.
The Charter of the Kingdom (het Statuut) establishes the form of cooperation between the members of the Kingdom of the Netherlands. It covers both common responsibilities and competencies.
State Ordinances are made by the Netherlands Antilles government in cooperation with the parliament. Examples: the civil code, the penal code, the code on civil procedure and the code of criminal procedure. (Aruba, which is not part of the Netherlands Antilles, has its own government and its own parliament.)
Island ordinances are made by each island government in cooperation with the island council of the island concerned.
On both levels (Netherlands Antilles and the islands) certain ‘lower forms of legislation‘ can be enacted, e.g. ministerial decrees.
Karel Frielink
Attorney (Lawyer) / Partner
