The law must apply to everyone: The electric scooter dilemma in Aruba.This week, a decision by the Court of First Instance raised a wave of criticism and discussion within the Aruban community. While many citizens feel that “Aruba is upside down” because commercial companies are using public roads without permission and allegedly without fulfilling their fiscal obligations, the Judge stopped the Government. Why? Because in a State of Law (constitutional state), structurally, one wrong does not make another wrong right.
The case of the electric scooters from the companies E-Bike and Green Bike exposes an old wound: the lack of structural control and the weak manner in which the Government sometimes acts when it needs to enforce the law.
Public Frustration: Doing business on the People’s property From a commercial and community standpoint, the public’s anger is backed by valid arguments. The structural accusations against these companies are serious:
- Use of public space: Sidewalks and public roads are used to park and charge scooters (conducting private business) without a properly regulated permit (vergunning).
- Lack of contribution: The general sentiment is that these companies generate large profits in the hotel sector without paying the corresponding taxes (belasting) to the Land of Aruba.
- Traffic hazard: The scooters are driven without control on public roads, often by tourists who do not know the local traffic rules, creating risky situations.
In the eyes of the average citizen, the fact that the Judge ordered the Government to return the scooters seems like a pardon for wrongdoers who beat the country’s legal system.
The Judge’s Ruling: The Government cannot act recklessly (“a la balatriste”) Despite the Government’s arguments that the scooters pose a danger, the Judge gave a lesson in the principles of the rule of law (rechtsstatelijkheid). The ruling does not say that the companies have the right to be on the road forever, but rather that the Government itself took the wrong path.
Where the Government failed:
- Acting via Social Media: A “Final Notice” on Facebook (April 29) is not an official legal procedure to shut down a business or confiscate property.
- Lack of an official letter (Beschikking): According to the law, the Government should have sent a formal letter to the companies, specifying which law they were violating and giving them a reasonable timeframe (tijdspad) to correct the situation themselves or remove the scooters.
- No room for defense: Moving in to confiscate from one day to the next, without these processes, is considered an illegal act by the State itself (onrechtmatige overheidsdaad).
Conclusion: A lesson for the Governors This ruling is not a definitive victory for the scooter companies, but rather a “slap on the wrist” for the Government of Aruba. The Judge was very clear: the companies must adhere to the rules and pay what they need to pay, but the Government itself must set the example by following the law and conducting proper inspections.
If the Government wants to remove these scooters from the road, the formula is simple:
- Send the official letters.
- Specify the laws regarding traffic control and the use of public land.
- Give them 24 or 48 hours to remove them. If they do not do so, then the confiscation becomes 100% legal, and the companies will have no grounds to win in Court.
Aruba cannot live in an anarchy where companies do whatever they want, but neither can it live in a country where Ministers act without respecting the very laws they created. Now the ball is in the Government’s court to do the job in an open, fair, and legal manner, and to send a clear message that in Aruba, any company that wants to do business must do so in accordance with the laws of Aruba.