
THE HAGUE – The Dutch Council of State has given a positive opinion on a draft law regarding disputes within the kingdom, submitted by Aruba’s Minister Plenipotentiary.
Notably, rulings on disputes do not need to be binding; the Dutch government must follow judicial advice but can ignore political advice under specific conditions.
This regulation obligation stems from the Kingdom Charter established in 2010 with Curacao and St. Maarten’s autonomy, while Aruba has had its status since 1986. The Dutch government has resisted creating this regulation, seeking to maintain control over the islands.
The Council’s advice appears to offer a compromise. Political considerations are to be included in dispute resolutions, and the council manages distinctions between judicial and political disputes.
Current obstacles to implementing the dispute regulation remain linked to political will from the Dutch government.
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