Law of 29 March 1955, to bring the Netherlands Antilles ' Defence Law into conformity with the new legal order
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of the Overseas Office of the Netherlands, of 22 March 1955, of the Management of Suriname and the Netherlands Antilles, No. 124071/-;
Whereas, Article 59 (4) of the Statute for the Kingdom of the Netherlands the Defence Act for the Netherlands Antilles is to be brought into line with the new legal order;
Having regard to Article 59 (2) and (4) of the Staff Regulations;
Heard the Council of State of the Kingdom (opinion of 25 March 1955, No 1);
Having regard to the further report of our Minister of Overseas Office of the Kingdom of 29 March 1955, Directorate of Suriname and the Netherlands Antilles, No 125047/10641,
Having regard to the provisions of the Staff Regulations,
Have found and understand the text of the Defence Act for the Netherlands Antilles, as attached to this Decision.
1 All the servants to the force are employed by the Kingdom.
2 Without prejudice to the third paragraph, the Governors, as the institution of the Kingdom, shall each suspend the commander of the armed forces in Aruba, Curaçao and Sint Maarten and give a decision on the suspension of the suspension thereof. Knowledge of the Government of the Kingdom. They shall exercise these powers by mutual agreement. If such consultation does not lead to agreement, the Governor concerned shall turn to our Minister of Defence.
3 Our Minister of Defence shall be responsible for the suspension of the commander in command of the second paragraph.
4 The suspension referred to in the second and third paragraphs shall be provisional, as long as it has not been granted any royal ratification.
It lays down the conditions for exempting residents of Aruba, Curaçao and Sint Maarten from the service in the armed forces because of serious conscientious objection.
1 Without prejudice to the provisions of this Law on State Law, the legal status of Aruba, Curaçao and Sint Maarten, as well as the pension provisions, shall be governed by a national regulation.
2 Under conscripts of Aruba, Curaçao and Sint Maarten as referred to in this article and in the Articles 4 and 6 The term 'conscription' means the person serving as an accessory within the meaning of the national regulation on the basis of: Article 31, first paragraph, of the Staff Regulations of the Kingdom of .
3 Our Minister of General Affairs of Aruba, Curaçao is responsible for the implementation of the country's regulation, referred to in paragraph 1, to the extent that it is not otherwise defined in this State Regulation.
1 In the case of or under the Article 3, first paragraph , the said State Regulation shall in any case be subject to rules concerning:
a. Appointment, promotion;
(c) adjustment by administrative measure;
d. The arrangement of the service time;
(e) leave and freedom of movement;
f. claims and obligations in relation to health care;
(h) provisions relating to the pecunious effects of illness and incapacity for work;
i. other rights and obligations relating to the performance of the service;
j. the manner in which the associations of military personnel are given an opportunity to deliver an opinion on general binding rules for conscripts of Aruba, Curaçao and Sint Maarten, with the exception of the rules It is only the duty of duty.
2 The in Article 3, first paragraph The said State Regulation also contains provisions on objections or appeals against a decision under that State Regulation or under any such provision that is based on this provision, directly affecting an administrative agent of Aruba, Curaçao or St Maarten. has been hit in his interest.
1 A draft of the national regulation, intended to Article 3, first paragraph It shall not be offered to the States of Aruba, Curaçao or Sint Maarten, nor to any initiative design taken by these bodies, than after having received the poultry of the Government of the Kingdom.
2 A national decision laying down general measures, based on the national regulation, intended to Article 3, first paragraph , it shall not be established after the fact that the Kingdom of the Kingdom of the Kingdom of the Netherlands has been sought after the Kingdom of the
3. Subject to the fifth paragraph, the Article 3, first paragraph , as well as a national decree, which is based on a general measure, adopted by the Royal Decree, before they can enter into force.
4 The first to third paragraphs shall also apply in the event of amendment or repeal of the national regulation referred to in Article 3 (1) of the Regulation. Article 3, first paragraph The following shall be the subject of a general measure which is based on that decision.
5 The third paragraph does not apply to rules and other rules which do not affect the practice of authority over or the task and the task execution of the armed forces in Aruba, Curaçao or Sint Maarten, in order to assess our Minister for the exercise of Defense.
Our Minister of Defence, Our Ministers of General Affairs of Aruba, Curaçao and Sint Maarten consult each other on any intention to bring about a change in the legal status of conscripts of Aruba, Curaçao and Saint Martin Maarten.
1 The appointment, promotion and dismissal of officers possessing the status of an officer of Aruba, Curaçao and Sint Maarten shall be appointed by royal decree, after consultation with the Governor.
2 If an officer as referred to in the first paragraph has been subject to an administrative act by an administrative measure, this decision shall be subject to royal ratification.
The Commander of the Armed Forces in Aruba, Curaçao and Sint Maarten serves the Governors and Our Ministers of General Affairs of Aruba, Curaçao and Sint Maarten upon requested or owner movement of advice on all matters, the legal position of The Aruban, Curaçao-born of the Netherlands, of the servants of Saint Maartense, who are conscripts.
1 The Governor of Aruba, Curaçao, or Sint Maarten, may, as a body of the Kingdom in the event of war, danger of war or other exceptional circumstances, deviate temporarily or otherwise deviate from the provisions of the Article 3, first paragraph , as provided for by the said State Regulation, for as long as it is deemed necessary for the proper execution of the operational tasks of the armed forces.
The Governors shall consult each other on their intention to derogate under the first paragraph.
The obligations to be imposed on the interests of the Kingdom of Aruba, Curaçao and Sint Maarten, which are not required to serve as a force in the armed forces, are regulated by a national regulation. This State Regulation shall respect the general rules applicable to or under the laws of the State law.
In the event of war or war danger or if the threat or disturbance of the internal order and rest may lead to a substantial deterioration of the interests of the Kingdom, the King may determine that conscripts are exceptional in real service. are held or called upon. As a matter of urgency, a proposal by the State Law, which will remain in the service of conscripts as far as possible, shall be made without delay.
1 Aruba, Curaçao and Sint Maarten to the armed forces, which are in their territory, the assistance and assistance which they need in the performance of their duties.
2 In the case of a national regulation, it is to ensure that the force of the Kingdom of Aruba, Curaçao and Sint Maarten can fulfil its mission.
Military criminal and disciplinary law and judicial proceedings in military matters are governed by the law of the Netherlands.
This law can be cited as a "Defence Act for Aruba, Curaçao and Sint Maarten".
This Decision shall enter into force from the second day following the date of issue of the Official Journal of the Netherlands Antilles, in which it is placed.
Our Minister for Overseas Office of the Netherlands is responsible for the implementation of this Decision, which, with the letter of explanatory note, is to be taken into account. State Sheet and in the Official Journal of the Netherlands Antilles will be placed and copies of which will be sent to the Council of State of the Kingdom.
Soestdijk, 29 March 1955
The Minister of the Overseas Office,
W. J. A. KERNKAMP.Issued the seventh April 1955.
The Minister of Justice,
L. A. DARK.