Kingdom Council Converts Eight Disputed Regulations into Kingdom Law After 25 Years

 

THE HAGUE – The Kingdom Council of Ministers has decided to convert eight Kingdom regulations that lacked a proper legal basis into a formal Kingdom Law. The move, 25 years in the making, will finally give the four parliaments of the Kingdom a voice in decisions that had previously been imposed without their approval, partly addressing the long-standing democratic deficit.

The issue dates back to 1995, when the Dutch government established the Caribbean Coast Guard through an Administrative Decree (AMvRB) rather than a consensus Kingdom law. At the time, Antillean and Aruban parliamentarians strongly objected, arguing that The Hague was bypassing democratic processes by using its majority in the Kingdom Council to impose regulations.

In 2000, PvdA Member of Parliament Gerritjan van Oven introduced a bill to stop this practice. Although welcomed by Curaçao, Aruba, and Sint Maarten, the Dutch government resisted ceding power. When Van Oven left Parliament in 2003, his proposal stalled. It was later revived in 2016 by fellow PvdA MP Roelof van Laar, who modified it to allow AMvRBs in “exceptional cases for limited periods.”

After years of resistance, the law gradually won approval in the Kingdom. Curaçao’s Parliament adopted it in 2019, followed by Sint Maarten in 2020, and finally Aruba in mid-2023, after initial opposition led by the MEP party. The law entered into force on January 1, 2024, paving the way for today’s decision.

With the Kingdom Council’s approval, State Secretary for Kingdom Relations Eddie van Marum will now submit the bill to the Council of State of the Kingdom for advice. The expectation is that the law will be presented to the parliaments after the New Year. Delegates from Curaçao, Aruba, and Sint Maarten may participate in the debates but will remain excluded from the final vote—meaning the democratic deficit is reduced but not eliminated.

The procedure must be finalized by January 1, 2028, when the four-year transition period in the Kingdom Charter expires.

The eight AMvRBs to be legalized are:

Cooperation scheme for safeguarding Curaçao and Sint Maarten’s country task plans

Kingdom decree on the succession of civil rights and obligations of the Netherlands Antilles

Kingdom decree on the takeover of loans from the Netherlands Antilles, Curaçao, and Sint Maarten

Red Cross Decree of 1988

Decree on the Volunteers Medal for Public Order and Safety

Kingdom decree on financing the office of the Attorney General

Kingdom decree on succession of the Netherlands Antilles Social Insurance Bank

Shipping Decree 2004

The milestone comes too late for initiator Gerritjan van Oven, who passed away on March 18, 2025. 




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