WILLEMSTAD - The judges of the Joint Court of Justice will be conducting an on-site investigation of the situation at Parasasa Beach near the Marriott hotel in Piscadera in the coming weeks. The hotel wishes to be able to close the beach at night. This is stated in an interim judgment of the Court.
In the first legal case, the hotel won, but the government appealed. The Court has now ordered an on-site investigation before making a final ruling.
As early as 1990, when the island issued a lease to Rif Resort, it was a condition that the beach, which was yet to be developed, would be accessible to hotel guests of existing and future hotel projects.
The current Marriott hotel, purchased by Piscamar in 2016, is located on the beach and utilizes it. A public beach, known as Parasasa Beach, is adjacent to the Marriott hotel's beach and is separated from Parasasa Beach by a fence leading to the sea.
The interim judgment emphasizes the need for a balance of interests. On one hand, there is the general interest in the legally protected public accessibility of beaches, which can only be restricted by national ordinance, thus requiring approval from parliament.
On the other hand, there are interests in maintaining order on the beaches and the appeal of Curaçao as an international tourist destination. The court cannot make this balance of interests; it falls under the authority of the government.
According to the judge, there is a provision in the Civil Code that allows lease conditions to regulate access and use to accommodate the specific situation.