The
Federal Government
St. Maarten forms part of the Netherlands Antilles, which
in turn is a part of the Kingdom of the Netherlands. This
Kingdom comprises of The Netherlands, The Netherlands Antilles,
and Aruba. The Netherlands Antilles enjoys its own autonomy.
In this respect the Netherlands Antilles is free to enact
its own laws providing these laws do not conflict with the
laws of a higher nature nor with International treaties of
which the Netherlands are co-signatory. St. Maarten is part
of the Netherlands Antilles, which consists of the islands
Curacao, Bonaire, Saba, St. Eustatius and St. Maarten. Each
island has the flexibility to handle most of the vital functions,
however, they cannot conflict with the laws of the Netherlands
Antilles (Federal Government) nor the Netherlands.
The Island Government
The island territory of St. Maarten is governed by the Island
Regulation of the Netherlands Antilles (i.e. ERNA), and
in accordance herewith the administration units of the Island
Territory are:
I. The Island Council
II. The Executive Council
III. The Lieutenant Governor
I. The Island Council
The Island Council of St. Maarten consists of eleven (11)
members, of which 5 members sit on the Executive Council
and the additional 6 form part of the Island Council. In
accordance with Article 16 of the present Island Regulation,
the members are elected for a period of four (4) years.
Members of the Island Council, could, but do not necessary
have to be part of the Executive Council.
Before assuming their functions the members
of the Island Council shall be administered the oath of
office or they shall make a declaration or affirmation to
the chairman of the Island Council (Article 22 of the Island
Regulation).
Article 24 of the Island Regulation constitutes
the authority of the Island Council. This article states:
- “So
far as regulation and administration of own affairs of
the island territory are concerned, all powers not assigned
to the Lt. Governor or the Executive Council by this or
any other legal regulation referred to in Article 2, sub
(3), (a), (b) and (c) of the Federal Constitution, are
vested in the Island Council”.
- The
Island Council is authorized to enact island ordinances
governing the matters referred to in the first paragraph.
II. The Executive Council
Article 47 of the Island Regulation states that the Executive
Council consists of the Lieutenant Governor, who is a member,
as well as its chairman, and a minimum of two and a maximum
of seven Commissioners as members. The Commissioners are
elected by the Island Council. The Executive Council is
charged with the daily administration.
III. The Lieutenant Governor
In accordance with Article 63 of the Island Regulation,
the Lieutenant Governor is appointed, suspended and discharged
by the crown (Queen). He shall be appointed for a period
of six years. He can be discharged at any time.
Only persons who are Dutch, not having
been debarred from the right to vote on the strength of
article 46 of the Federal Constitution, nor deprived of
eligibility to hold office can be appointed to said function.
He must be at least 25 years of age.
The Island Regulation contains specific
functions of the Lieutenant Governor, to mention a few:
- He
shall co-operate towards the execution of the task of
the Governor (i.e. Governor General) in the latter’s
capacity as a representative of the Kingdom, and in doing
so he shall follow the Governor’s directions.
- He
shall assist the Governor in accordance with the latter’s
directions. If legal regulations require a specific co-operation
or execution of the Executive Council and if this is not
done, the Lieutenant Governor shall provide for the same.
- He
is Chairman of the Island Council and has advisory vote
in that council.
- He
shall sign all documents which originate from the Island
Council and the Executive Council.
- He
is the local Chief of Police.
- He
represents the Island Territory in all lawsuits
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