History

A short historical overview of the Law Enforcement Council

The Law Enforcement Council (the Council) is a legal entity in which Curaçao, Sint Maarten and the Netherlands – on behalf of the BES-islands – partake. It is based on the Kingdom Act on the Law Enforcement Council.

This Act is the result of agreements laid down in the Final Declaration of November 2, 2006 of the government deliberations concerning the future constitutional status of Curaçao and St. Maarten. It was agreed that among other things, pursuant to a ‘Consensus Kingdom Act’, a Law Enforcement Council will be created to monitor the quality of all parts of the justice system (with the exception of the Court) and the cooperation between Curacao, Sint Maarten and the Netherlands.

Although related to the autonomous power of the individual countries, these countries saw reason enough for a structured cooperation for the (joint) implementation of this inspection task. The formation of two new countries in the Kingdom (Curaçao and Sint Maarten), that each have to provide for inspections of the judicial system as well as the remoteness of the BES-islands (Bonaire, Sint Eustatius and Saba) from the European part of the Dutch realm (the Netherlands) led to the forming of a joint body in charge of inspection within the two new countries and the BES-islands. From this thought in the final declaration is thus agreed to provide a legal inspection body in which all countries partake.

The Council is charged with the general inspection of the organisations of the judicial chain with the exception of the common Court of Justice in Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba. The Council looks thereby at the effectiveness, the quality of the performance of duties management. In addition, the Council is entrusted with the general inspection of the quality and effectiveness of judicial cooperation between the countries.

In keeping with the agreements of the Final Declaration the choice has been made to set down the mutual arrangement of the quality inspection of the law enforcement chain, based on article 38, second paragraph, of the Statute, in a ‘Consensus Kingdom Act’. The ‘bill’ was prepared by the Project group Justice, Law and Constitutional Affairs, and later approved by the Political Steering committee.

The Council is based on the Kingdom Act of the July 7,  2010: the Kingdom Act on the Law Enforcement Council. The Kingdom Act on the Law Enforcement Council was published on September 1, 2010.

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