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Council of State completes ‘advice’ on Curaçao appeal to budgetary instruction

TUESDAY, 23 OCTOBER 2012

THE HAGUE–The draft decree of the Council of State of the Kingdom regarding the appeal of the Curaçao Government against the budgetary instruction of the Kingdom Council of Ministers was sent to the Minister of Home Affairs and Kingdom Relations on Monday.

The Council of State of the Kingdom informed the Curaçao Council of Ministers on Monday that the draft decree (ontwerpbesluit) had been sent to Dutch caretaker Minister of Home Affairs and Kingdom Relations Liesbeth Spies.
The latter will take a final decision on the appeal, as defined in the Financial Supervision Law for Curaçao and St. Maarten. The former cabinet of Gerrit Schotte filed an appeal soon after the Kingdom Government decided on July 13 to instruct Curaçao to balance the 2012 budget and to incorporate the losses of 2010 and 2011.

The draft decree of the Council of State of the Kingdom serves as an “advice” to the so-called “Crown,” in this case the Minister, on how to decide on the appeal. The Minister can adopt the draft decree, but doesn’t have to if there are very weighty reasons to deviate from the advice of the Council of State of the Kingdom.

The role of the Council of State in this procedure has come to an end for now, with submitting the draft decree to the Minister. The Financial Supervision Law states that within two months after receiving the draft decree, the Minister can ask the Council of State to reconsider its proposal. In that case, the Council of State will again offer the government that has appealed the decision the opportunity to be heard.

The Law on Financial Supervision states that the draft decree will not be made public at this stage. The final decision of the Minister will be made public and published in the National Gazette. If the Minister deviates from the draft decree, the draft decree itself will also be published along with the argumentation concerning why the Minister didn’t adopt the Council of State’s advice.

The Council of State of the Kingdom handled the appeal filed by the Curaçao Council of Ministers against the instruction of the Kingdom Government on September 21. At that particular session, the special committee consisting of five members of the Council of State heard representatives of the Curaçao Government, the Ministry of Home Affairs and Kingdom Relations BZK and the Committee for Financial Supervision CFT.

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