THE HAGUE – Proposed changes to the Dutch Constitution could indirectly affect the legal balance within Curaçao and the wider Kingdom, according to a recent legal analysis.
The reform would give Dutch courts the authority to assess whether laws comply with constitutional rights, a power that does not currently exist in the Netherlands.
In contrast, Curaçao already allows a form of constitutional review under its own legal system, making the Dutch proposal a significant shift toward alignment.
However, experts caution that the way the reform is being introduced could disrupt the established hierarchy of laws within the Kingdom, where certain Kingdom-level rules take precedence over national legislation.
There are also concerns that unintended consequences could arise, including pressure on Caribbean legal systems to adjust their own frameworks.