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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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:
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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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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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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:
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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