WILLEMSTAD – The Common Court of Justice has warned in its 2024 annual report that it cannot sustain another year with a negative financial result. Last year, the Court faced a deficit of over 1.1 million guilders, which it was forced to absorb by drawing on its own operational reserves. According to the Court, this is no longer viable in 2025. Rather than scaling back its ambitions, the Court is strengthening them through a new multi-year strategic plan. It sees a structural increase in the cost per case as the only viable solution.
The financial challenges stem primarily from rising personnel and operational costs. Expenses for salaries, ICT, security, interpreters, digitalization, and housing continued to increase in 2024. At the same time, the Court has been handling a growing number of complex and resource-intensive cases, putting further pressure on the budget.
In the preface of the report, the Court’s Board of Management states that "efficient operations contribute to financial stability," but acknowledges that the current situation requires fundamental decisions and binding agreements with the four countries that fund the Court.
Cost Model and Budget Constraints
The current pricing structure is based on the 2023–2025 cost model, outlined in Article 8 of the Kingdom Decree on the Financing of the Common Court. This model takes into account expected case volumes, categorized by type, and anticipated salary and price developments.
Each country’s contribution is calculated using a simple formula: the cost per case (P) multiplied by the number of cases (Q) submitted by that country (P × Q).
Although the model was designed to last for three years, the budgets for 2023 and 2024 were capped at 2022 levels at the request of the four countries, due to post-pandemic financial constraints. As a result, the Court was unable to benefit from the increased revenues that the updated cost model would have allowed.
The Court aims to introduce a revised cost model for 2026–2028 that reflects the real investment needs outlined in its long-term strategic plan. A decision on this matter is expected at the next meeting of the Ministers of Justice from the four countries.
Strategic Priorities: No Room for Cuts
Despite the 2024 deficit, the Court has no plans to scale back its goals. On the contrary, it insists that its strategic ambitions are essential to maintaining the quality of justice in the Dutch Caribbean. Its 2025–2028 multi-year plan outlines three core priorities: sufficient staffing, competitive salaries, and a secure digital infrastructure.
These are not “nice-to-have” projects, the Court stresses, but critical conditions for ensuring the reliability and continuity of judicial services. Investments in legal personnel training, oversight of special courts, and modern digital tools have already been delayed too long.
The Court warns that scaling back these ambitions would inevitably erode the quality of the legal system. Therefore, it regards the current level of ambition as indispensable.
Raising the Cost of Justice
The Court emphasizes that cutting costs is not the answer—increasing the cost per case is. It argues that the real costs of providing justice have long exceeded the funding received from the open-ended financial arrangement with the countries.
By setting a more realistic cost per case—one that reflects the increasing complexity of cases, greater demand for interpreters, and the need for well-trained staff—the Court hopes to close its budget gap. It plans to implement this revised cost model starting in 2026.
The message to the four constituent countries of the Kingdom is clear: without a structural increase in financial contributions, the administration of justice in the Caribbean will be at serious risk.
