WILLEMSTAD – The government of Curaçao has paid a total of XCG 125,000 in court-imposed penalties in six civil servant cases without complying with the judicial decisions that led to those penalties. The situation has prompted the Court of First Instance to issue another deadline, ordering the government to take the outstanding decisions in 17 civil servant cases by November 20, 2026.
The findings were presented in an interim ruling issued on Tuesday, October 13, highlighting the government's continuing difficulties in implementing judgments involving current and former public employees.
The cases were brought by civil servants who previously obtained favorable rulings from the civil service court but have continued waiting for the government to take the administrative decisions required by those judgments.
Their claims concern several employment-related matters, including requests to review their legal employment status, adjustments to pensionable salary calculations and promotions.
A significant proportion of the cases involve employees of the Ministry of Justice, including police officers, firefighters and prison personnel.
Other cases concern employees of the Ministry of Traffic, Transport and Spatial Planning, the Ministry of General Affairs and the Ministry of Administration, Planning and Services.
According to the court, financial penalties previously imposed in six cases failed to produce the intended results.
In each case, the government paid the maximum amount imposed, ranging from XCG 20,000 to XCG 25,000, without subsequently implementing the relevant judicial decision.
The court heard that one civil servant had already received the maximum penalty payment on three separate occasions, even though his original request to review his employment status, submitted in 2019, remained unresolved.
The situation illustrates how some civil servants have been waiting for years to obtain decisions to which they are entitled following court proceedings.
The court emphasized that the government is legally obligated to comply with judgments issued by the civil service court.
The government acknowledged during the proceedings that financial penalties have not always been effective in compelling administrative compliance.
According to the government's explanation, organizational difficulties, staff shortages and complicated administrative procedures can delay implementation.
One example involves the restructuring of the police organization following the dissolution of the Netherlands Antilles, which has complicated decisions concerning the employment status of certain police officers.
The government also referred to a July 20, 2026 report by the Ombudsman of Curaçao examining the reasons why civil service court judgments have remained unimplemented.
The court observed that the problem is structural and extends beyond the interests of the individual civil servants involved.
Failure to implement judicial decisions also affects the broader public interest in the proper functioning of the rule of law.
In response to the ongoing problems, the Council of Ministers decided on September 23 to introduce stricter procedures for monitoring compliance with civil service judgments.
Under the new arrangements, the secretaries-general of government ministries will be responsible for ensuring that judicial decisions are implemented, with assistance from external attorneys where necessary.
Progress will be reviewed quarterly during meetings of the secretaries-general and reported to the Council of Ministers.
A separate committee has also been established within the Ministry of Justice to address outstanding employment-related cases involving police personnel.
The government asked the court to take these measures into consideration and allow additional time for implementation.
The judge agreed to grant a further opportunity but imposed a firm deadline.
By November 20, the government must submit the required decisions to both the court and the civil servants concerned.
If the deadline is missed, the court indicated that additional financial penalties will have to be imposed in its final ruling.
The judge acknowledged that confidence in the government's promises would be desirable but emphasized that civil servants cannot be required to continue trusting that their cases will eventually be resolved.
The court also noted that it has no other enforcement mechanism available against the government.
A final decision concerning additional penalties and legal costs will be issued later.
The ruling places renewed pressure on the government to demonstrate that its recently announced administrative reforms can produce results, rather than allowing taxpayers to continue financing penalties for judgments that remain unimplemented.