Professor Elsinga has given one of two pieces of advice: a “time-out” for the HOFA law, so that it can be paused and the serious consequences of this law for Aruba can be reconsidered.
Another point in Elsinga’s advice regarding the HOFA law is that he directly contradicts Minister Geoffrey Wever in his presentation during the last parliamentary session, where Minister Wever interpreted Article 38. This article stipulates that the Netherlands must give approval before Aruba can change laws. This means that even if the Parliament of Aruba wants to amend a law, it cannot do so independently; approval from the Netherlands is required first.
The discussion also concerns which laws this applies to. According to Minister Wever, this applies only to the financial supervision laws of the Kingdom. The MEP faction points out that Minister Wever should read the Memorie van Toelichting to see that it is applicable to all laws with financial consequences.
Professor Elsinga’s urgent advice is a “time-out” for the current law, to pause and not continue in the current direction, because the HOFA law gives the Netherlands too much power and this is not good for Aruba.
