Equal status Americans and European Dutch citizens

May 31, 2010 6:45 AM

Besides Aruba, there is now also a judgment in the Netherlands Antilles confirming that United States citizens in the Antilles have the same status as European Dutch citizens.

This is due to the Friendship Treaty between the Netherlands and the United States, which determines that citizens of the United States in a part of the Dutch Kingdom outside Europe enjoy the same treatment as Dutch citizens who were not born in that part.
In a final judgment, Judge Van Veen recently confirmed his statement of February in a interlocutory judgment regarding a court case of the Crew’s Nest Bar against the island territory St. Maarten. The judge clearly states that with regard to the friendship treaty, the court cannot explain it any other way than that Americans in the Netherlands Antilles are subject to the same rules as the European Dutch citizens.

The Crew’s Nest Bar & Restaurant and Matthew LeBlanc had lodged an appeal against the decision of the island-territory St. Maarten to reject the request for a manager permit for LeBlanc. Michael’s Day Cruises had employed LeBlanc in September 2006 and appointed him as director of The Crew’s Nest in January 2007. However, both the central government and the island-territories continuously wrongfully disregard the fact that according to the National-regulation Admission and Deportation (LTU) European Dutch citizens are allowed legal entry after three months residence in the Antilles and that citizens of the United States therefore qualify for aforementioned policy based on the treaty – in connection with the non-discriminatory treatment between European Dutch citizens and American citizens.

In his judgment of May 17th, Van Veen had nullified the previous disposition of the island-territory St. Maarten in which LeBlanc’s manager permit is rejected, and ordered the island-territory to come up with a new disposition in which a new decision is taken on the request for a manager permit for LeBlanc.

After the interlocutory judgment in February, Van Veen had re-opened the investigation in this matter and requested the island-territory St. Maarten amongst other to explain where the word ‘manager permit’ is mentioned in the establishment-regulation companies.

The island-territory indicated that the manager permit is not mentioned in any regulation with so many words, but has its basis in the establishment-regulation companies and that there are not specific rules for granting a manager permit.

In this respect, the judge concludes that the disposition to refuse LeBlanc a manager permit lacks a valid motivation.

The Court in First Instance of Aruba had already considered and judged on June 11th 2007 in the case Extreme Sports NV and Deborah Ann Kunder versus the Minister of Alien Affairs that the protocol under article 3 of the Friendship Treaty are direct applicable provisions of the treaty. The provisions contain a clear and explicit right for the citizens of the states in question.

25 May 2010