Order in National Council submitted to Council of State

WILLEMSTAD — In addition to a number of obvious matters, the political steering committee of September 30th had also agreed with the drafts of the Order in National Council (AMvRB’s) ‘legal position for the Administration of Law’ and that of the ‘financing Communal Court of Justice’. Both regulations will be submitted to the Council of State of the Kingdom for advice.

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The Council for Administration of Law is responsible for the general inspection of the effectiveness, the quality, and the performance of tasks as well as the managing of all parts of the judicial chain, with the exception of the Communal Court of Justice, amongst others, police, Public Prosecutor, and judicial institutes. The Council for Administration of Law is also responsible for the general inspection of the quality and the effectiveness of the judicial cooperation between Curaçao, St. Maarten, and the Netherlands (insofar it concerns Bonaire, St. Eustatius, and Saba (BES)).

The Council, which consists of three members, could also be made responsible (through land regulation or law) for providing advice on the handling complaints with governmental organs on how an organization has behaved in a certain matter. The Council could also be made responsible for the supervision on the processing of police data. "The members should have sufficient experience, know how and expertise to perform these tasks properly. This requires an appropriate compensation in order to make the function attractive for those complying with the qualifications" according to the explanatory memorandum. The legal position will only be determined in main lines, so that each land could determine an appropriate level of salary and compensation.

Court of Justice
Regulations for the bearing of costs for the court are laid down in the AMvRB, which manages the financing of the Communal Court of Justice. After the commencement, the court will employ the assets and liabilities system as budgetary system. This implies that there is a question of an administration with a balance as well as a loss and profit account. In this system, it is possible to link the incurred costs to the outputs and there are possibilities to maintain one’s own property or reserves.