THE COUNCIL OF ADVICE
T
HE TASK OF THE COUNCIL OF ADVICE
HISTORICAL BACKGROUND The Council of Advice has existed since October 10th, 2010, the day on which the former Netherlands Antilles ceased to exist, and Sint Maarten attained its Country Status within the Kingdom of the Netherlands. Just like Aruba in 1986, Sint Maarten and Curaçao received this new status. While the other remaining islands, Bonaire, Sint Eustatius and Saba became Public bodies belonging to the Netherlands.With this new autonomous status, Sint Maarten gained a Constitution, along with the High Councils of State, the Council of Advice falling thereunder.
and National Decrees containing general measures issued by the Government, [1] the Government of the Kingdom [2] and proposals for approval of the Treaties that have binding effect in Sint Maarten. Parliament is obligated to hear the Council on initiative legislation coming from one or more Parliamentarians. The so-called initiative National Ordinance. Furthermore, the Council is obligated to advise on all matters that are considered necessary by Government and in instances that are prescribed by law. For example, the Council advises the Prime-Minister about unwanted commercial affiliation (interest), conflicting secondary functions and activities based on the National Ordinance promotion of the integrity of ministers.The Council also has the authority to, on its own accord, issue advices to Government and Parliament. These
The function of the Council of Advice was executed prior to October 10th, 2010 by the Council of Advice to the Netherlands Antilles. The Task of the Council of Advice is derived from the task of the department of Advice of the Council of State of the Netherlands that has a long history dating back to the year 1531.
advices are called unsolicited advices. With regard to the National Ordinances where Parliament and Government form the highest legislator, a request for review should be sent to the Council of Advice before submission for adoption and ratification by Parliament. In case of an Initiative National Ordinance, before the draft legislation is submitted to the Central Committee of Parliament for
PROVIDING ADVICE The Council of Advice is tasked with providing the Government and Parliament with advice regarding legislation and administrative actions. Together with the Parliament, General Audit Chamber and Ombudsman, the Council of Advice is referred to as one of the High Councils of State. We are a part of the system of checks and balances provided for in the Constitution of Sint Maarten.The High Councils of State are institutions established by the Constitution and are independent from Government with regard to the execution of their powers.
debate [3]. Legislation that is approved by Government without the involvement of Parliament is referred to as a National Decree containing general measures and it also is submitted to the Council before it can be ratified by Government. With its Further Report government responds to the Council’s advice. It is essential in the Further Report that the points not taken over by the Government should be addressed and sufficiently justified. [4] [1] Draft National Ordinance and National Decrees containing general measures [2] Draft Kingdom Act and Decrees
Based on the Constitution the government has an obligation
[3] Here it pertains to draft National Ordinances
to request the Council to give an advice about all draft
[4] Here it pertains to draft National Decrees containing general measures
proposal legislation, specifically draft National Ordinance 24
GENERAL INFORMATION
The Golden Book of Sint Maarten 11
