The legislative process for the Kingdom Law (Rijkswet) is continuing along its legal course without consensus. The AVP–FUTURO government, failing to respect the Parliament of Aruba, bypassed the Parliament of Aruba and submitted an RMR law without consensus. The role of the Council of Advice and the cooperation between the governments of the Kingdom play a crucial role before the debate can be transferred to Parliament. Parliament cannot vote at this stage but must prepare a report outlining its views on the proposed law. However, this means the AVP–FUTURO government has allowed the Parliament of Aruba to be bypassed and has taken away its power to vote on the law. In the current process through which the law is proceeding, the Parliament of Aruba cannot vote but must produce a report to see whether the Tweede Kamer will take Aruba’s position into consideration.
According to the President of Parliament, Marlon Sneek, the draft law concerning HOFA was recently sent to the Council of Advice for its review and advice. This step is fundamental to ensure that the law complies with the provisions of our Statute and other laws in force within the Kingdom.
The role of the Council of Advice and Parliament
After the AVP–FUTURO government bypassed the Parliament of Aruba, the process dictates that Parliament must wait for this advice before opening a public debate. Once the advice of the Council of Advice is published, parliamentarians will have the opportunity to prepare themselves more thoroughly on the content of the law in order to produce a report.
- Technical review: The Council of Advice has the task to “test” (evaluate) the law to determine whether it is acceptable or whether there are provisions that conflict (infringe) with the Statute.
- Kingdom-wide debate: This Kingdom Law affects all parliaments within the Kingdom, not only Aruba.
- Consideration in the Tweede Kamer: When the law reaches the Tweede Kamer in the Netherlands, Aruba has the right to send a delegation to participate in that debate, as indicated by the President of Parliament, Marlon Sneek.
Consensus between Governments
An important point clarified is that this Kingdom Law is negotiated in an initial phase between the governments of the countries, as has happened in the past. The role of Parliament becomes stronger during the national ordinance phase and the formal debates once the law is ready to be officially considered, the President of Parliament, Marlon Sneek, explained.
According to the President of Parliament, Marlon Sneek, the expectation is that once the technical advice is completed, the political debate will intensify, allowing for a better understanding of the impact of these laws on Aruba and the other islands within the Kingdom.