News that the Dutch Council of Ministers has appointed a quartermaster for St. Maarten’s Integrity Chamber (see related story) comes as a bit of a surprise. After all, Ombudsman Nilda Arduin had submitted the local Government’s draft ordinance to establish such an entity for review by the Constitutional Court.
The latter agreed that certain aspects of the law proposal appeared potentially in contravention of the constitution, kingdom charter and/or intentional treaties, particularly regarding individual rights involving privacy and a fair trial. Government was basically sent back to the drawing board to address these issues.
There had been indications The Hague was getting impatient about this matter and the reported appointment of Hans Leijtens seems the latest proof. Of course, there can be no such chamber without the necessary legal basis, so the ball is still in Philipsburg’s court.
However, should no progress be made, the possibility of the Netherlands imposing one on the country via a General Measure of Kingdom Governance must not be excluded. In that case the Council of State will have to give an opinion and unless the concerns expressed by the Constitutional Court are somehow removed it’s hard to imagine the highest advisory body in the kingdom coming to a different conclusion.
This probably means that until the local amended version has been presented and deemed constitutional by the Ombudsman, the quartermaster’s role will be limited to preparations for the setting up and functioning of the chamber, but no concrete action in terms of its integrity inquiries can be expected.
