Constitutional Court officially inaugurated

November 16, 2010 11:40 AM

PHILIPSBURG--The Constitutional Court of St. Maarten was inaugurated and its members, substitute members and registrar were installed during a ceremonial session at the Courthouse on Monday morning.

Dressed in robes carrying the three main colours of the St. Maarten flag and wearing red and blue berets, Court President Jacob "Bob" Wit, Vice-President Pieter van Dijk and Justice Jan de Boer presented themselves to those present, together with Constitutional Court substitute members Judges Joop Drop, Ben Vermeulen and Susanne Camelia-Römer, as well as Registrar Maritsa James-Christina.

Among their invited guests were Governor Eugene Holiday, Acting Governor Reynold Groeneveldt, President of Parliament Gracita Arrindell, Justice Minister Roland Duncan, Dutch Representative in Philipsburg Lars Walrave, Members of Parliament Petrus Leroy de Weever, Roy Marlin and Johan "Janchi" Leonard, and Chief Prosecutor Hans Mos.

The members and substitute members of the Constitutional Court were appointed by law on October 8, and the court's president, vice-president and registrar appointed by national ordinance on November 12, after which all members took the oath before the governor.

Together with the Ombudsman and the Common Court of Justice, the Constitutional Court is to be considered guardian of the Constitution, judging on the constitutionality of ordinances or subsidiary legislation.

The Common Court of Justice will continue to do what it always has done and will not lose any of its powers. On the contrary, its powers have been extended under the Constitution of St. Maarten, as it is now possible for judges of the Common Court to assess in criminal, civil and administrative cases whether a national ordinance is in full compliance with the Constitution.

However, the Constitutional Court goes one step further and will provide full judicial review, including ordinances infringing the Constitution either by their content or by flawed procedures. "This court is therefore absolutely unique and specific to St. Maarten. Within the Kingdom of the Netherlands there is no other," Court President Wit said in his inauguration speech.

Together the members of the Constitutional Court represent a "vast" knowledge of the law and experience with public law adjudication, legal drafting, and legislative procedures, as well as with governance from executive and legislative perspectives.

The only important qualification the court does not have is that of indigenousness, Wit stated. "No son or daughter of the soil can yet be counted among the members of this uniquely St. Maarten court," said Wit, whose "complaint" was echoed by attorney-at-law and government advisor Richard Gibson in his speech.

Court president Wit has been a judge for more than 26 years, 24 of which, up to the present day, he spent in the Caribbean. He was a judge of the Common Court of Justice from 1986 until mid-2005, when he became a judge of the Caribbean Court of Justice based in Trinidad and Tobago.

Vice-president Van Dijk was a professor of law at University of Utrecht in the Netherlands, judge in the European Court of Human Rights, as well as chairman of the administrative appeals section of the Council of State.

Judge Jan de Boer has been a member of the Common Court of Justice since 1998. He is a renowned academic and author of the most authoritative textbook on Dutch family law and the law on persons. He also brings a broad experience in legal drafting to the Constitutional Court.

Joop Drop has been a professional judge since 1996, and a judge in this part of the Kingdom from 2004. He is specialised in public law, more particularly in administrative law which borders on constitutional law.

He has adjudicated administrative cases and civil servant matters as a first instance judge for many years and has been elevated to the post of presiding judge of the administrative law chamber of the Court of Appeal, in which capacity he will visit St. Maarten regularly.

Judge Ben Vermeulen has had a distinguished academic career. He is professor of law in the areas of the philosophy of law, education law and constitutional and administrative law. He has been a member of the Council of State since February 2008, reviewing law proposals as to their compatibility with the Dutch Constitution, Kingdom laws and international treaties, albeit in an advisory position.

Susanne Camelia-Römer brings to the bench her broad experience in law and governance. She has worked in private practice as an attorney-at-law and as a legal and business consultant for many years. She has parliamentary experience both as a member of the Island Council of Curaçao and as a Member of the Parliament of the Netherlands Antilles.

She also was Minister of Justice and Prime Minister of the now defunct country of the Netherlands Antilles. In the last few years, she worked as a legal advisor to the government of the Netherlands Antilles during the negotiations pertaining to the constitutional restructuring process.

Speeches by Ombudsman Nilda Arduin and Justice Minister Duncan completed the programme, which was concluded with a reception and lunch for invited guests at Holland House Hotel.

(Source: The Daily Herald St. Maarten)

16 November 2010