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Rijkswet of 7 July 2010, regulating the tasks and powers of the Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba (State Law of the Common Court of Justice)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that the governments of the countries of the Kingdom and the administrative forces of Curaçao and Sint Maarten want to cooperate within the Kingdom through the establishment of a single judicial organisation for Aruba, Curaçao, Saint Martin and for Bonaire, Sint Eustatius and Saba, that they wish to arrange this cooperation among themselves in a state law on the basis of Article 38, second paragraph, of the Staff Regulations of the Kingdom of and that the governments of the countries of the Kingdom and of the administrative courts of Curaçao and Sint Maarten agree to the content of this scheme;
It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, have taken into account the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:
For the purposes of this Law of the Law and of the provisions based thereon, the following definitions shall apply:
a. General measure of government administration: general measure of public administration within the meaning of Article 38, second paragraph, of the Staff Regulations ;
b. Court of Justice: management as referred to in Article 40, first paragraph ;
c. Court meeting: 'Court meeting' as intended Article 16, first paragraph ;
ed. Management Board: Management Board as referred to in Article 50, first paragraph ;
e. Court: Joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire, Sint Eustatius and Saba as intended Article 15, first paragraph ;
f. Dishes at first instance: Court of First Instance of Aruba, Curaçao, First Instance of Curaçao, First Instance of St Martin's or Court of First Instance of Bonaire, Sint Eustatius and Saba;
g. Court officials: persons employed on the basis of an appointment to the Court of Justice, non-judicial and non-judicial officers in training, managing director of operations or outside riffier;
h. High Council: Supreme Council of the Netherlands;
i. Countries: Aruba, Curaçao, Sint Maarten and the Netherlands, as far as related to Bonaire, Sint Eustatius and Saba;
j. Our Ministers: Our Minister of Justice of Aruba, Our Minister of Justice of Curaçao, Our Minister of Justice of St. Maarten and Our Minister of Justice of the Netherlands;
k. Judge: Member or Deputy Member of the Court or Judge-Alternate at first instance;
l. Staff Regulations: Statute for the Kingdom.
1 The courts of the countries belonging to the courts are:
a. The Repowers at First Instance;
b. the Court.
2 Any intervention in court cases shall be prohibited.
The name of the King is spoken in the countries.
1 The judiciary is instructed to:
a. the judgment of disputes on civil matters;
(b) the trial of criminal offences.
2 It is also delegated to the judiciary to adjude on administrative matters, save where, by means of a national regulation or by law, the knowledge of administrative matters is conferred on special courts in which one or more of the Member States is responsible for the application of a special procedure for the administration of administrative matters to have more members of the Court.
1 Unless otherwise provided by a national regulation or law, sessions shall be open to the public, under penalty of nullity.
2 For important reasons, the examination may be carried out in whole or in part with closed doors. The minutes of the hearing shall state the reasons.
3 In the case of a penalty of nullity, judgments shall be made in public and shall contain the grounds on which they are based.
4 Judgments of nullity shall be made by means of the number of Judges of the State Regulation or of the Law.
5 If, in the case of a national regulation or of a law, it is provided that other than Judges participate in multiple case-law, the decisions of the judicial authority concerned shall be null and void if those decisions are not taken with the judgment in that court. National regulation or law certain number of persons, not a judge.
No judicial or judicial officer may, in any way, engage in any way with the parties, its lawyers or agents, members of the prosecutor's office and suspects, any cases or cases of which he knows or suspects that they may be are to be brought before him.
Judges, judicial officers in training, judicial officers, outside staff and the Director shall be required to keep confidential the information available to them in the performance of their duties and of which it is the responsibility of the courts of the Member State. know whether it is reasonable or reasonable to suspect, except in so far as there is a requirement to communicate, whether or not the need to communicate is required by the Commission.
The Court, the courts at first instance and judicial colleges in the Netherlands are obliged to act among themselves on requests for legal assistance.
The members and alternate members of the Court of Justice and the Deputy Judges of the Court of First Instance shall be responsible for the administration of justice.
The Court of Justice and the Commission at first instance rule in Dutch. Moreover, the languages of the Court of Justice and those of the Court of Justice are English, Dutch and Papiamenti.
1 There is a Court of First Instance of Aruba, a Court of First Instance of Curaçao, a Court of First Instance of Sint Maarten and a Court of First Instance of Bonaire, Sint Eustatius and Saba.
2 The Court of First Instance of Aruba, Curaçao, is located in Sint Maarten, and sits on Aruba, Curaçao, or Sint Maarten. The Court of First Instance of Bonaire, Sint Eustatius and Saba sits on each of these islands.
3 The Court of Justice may lay down, in special cases, that, by way of derogation from the second paragraph, the Court of Justice shall hold its members of the Court at first instance in one of the other countries.
4 As a Judge at first instance, members and alternate members of the Court of Justice, as well as the Judges alternate at first instance, shall act as Judges. They shall be empowered to act as such in all proceedings at first instance.
1 The courts of first instance shall, subject to appeal, take note of all civil matters and of all criminal matters whose knowledge at first instance has not been entrusted to the Court by law or by a Member State.
2 Courts of first instance shall also be informed of the claim for compensation for the costs and damages to the injured party.
3 The courts of first instance shall, except in the case of appeal, take note of any administrative action unless it is established by a national regulation or by law to a special court of law as referred to in Article 3 (1) of the Treaty. Article 4, second paragraph Or has been assigned to the Court.
4 In the case of a national regulation or of a law, one or more other persons than Judges may be held to sit in the Judges at first instance.
1 Treating the courts at first instance and deciding cases in a single chamber, unless a multi-chamber regulation or treatment is prescribed by a national regulation or by law.
2 The multiple-chamber shall consist of three judges of whom a chairman acts as chairman, unless otherwise specified by a national regulation or law. If other than judges are also part of a multiple chamber, a Judge shall act as President.
The judicial proceedings shall be distributed by the Board of the Court among the members and alternate members and the Judges of the Judges of the first instance.
4 The person who performs a function that would be liable to impair his impartiality in a particular case does not work as a judge to the decision in that case.
5 The Court of Justice may provide that, in a case, one or more of the Judges shall, with a view to possible replacement, be prepared in the interest of the investigation, or if the session is to take longer than one day. These Judges shall be present in the proceedings, but shall not take part in the examination and deliberations and decision on that matter, unless they replace the Judge to be replaced at the request of the Board.
If decision-making takes place in a multi-chamber, the chairman of that chamber shall ask for a roll-call question in a general question. The President gives his final judgment.
2 Each member of the multiple chamber shall be required to take part in the decision-making procedure in a council chamber.
3 Judges, court officials, judicial officers in training, outdoor riffiers and others as intended Article 11 (4) , present in a hearing room, are obliged to secrecy of feelings expressed in the council chamber.
1 Parties may, in disputes relating to cases of free provision of the parties, make the decision to a Court of First Instance at the discretion of the parties.
The Court of First Instance shall be obliged to comply with that order.
3 Parties may dispute the right to appeal proceedings of the Court of First Instance in disputes relating to matters of freedom of the parties to the right to appeal.
1 There is a Common Court of Justice of Aruba, Curaçao, Sint Maarten and van Bonaire, Sint Eustatius and Saba.
2 The Court of Justice has legal personality. The courts of first instance belong to the legal person Court.
3 The Court is held in each of the countries. The Court will sit in Aruba, Curaçao and Sint Maarten. The Court may sit on Bonaire, Sint Eustatius and Saba.
1 The members of the Court shall together constitute the court meeting.
2 The President shall be President of the Chamber.
3 Third parties may participate in the meeting at the invitation of the court meeting. They have no right to vote.
1 The Court considers, on appeal, that judgments of the Rules of First Instance of the States are capable of being brought before them.
2 The Court of Justice shall act as a judge at first instance in the cases of national regulation or of law.
3 The Court of Justice or its members shall also fulfil the tasks assigned to them by a national or national law.
4 Under the law of nullity, the judges who took note at first instance of a case shall not take part in the proceedings of the Court of Justice.
5 The Judge-alternate at first instance shall not have jurisdiction in the Court.
1 The Court shall examine and decide matters in a multi-chamber, except where a national regulation or a single chamber procedure is permitted.
2 Article 12, second, fourth and fifth paragraphs , and Article 13 shall apply.
3 Article 11 (4) , and Article 12, third paragraph , shall apply mutatis mutandis.
The Court is supervised by a proper prosecution of criminal offences.
The Court shall take note of all disputes in jurisdiction which have arisen in the case of or between the proceedings at first instance.
The parties may, in disputes relating to cases of free provision of the parties, notify the Court of the decision in the case of prorogation.
1 The administration of the Court of Justice and the Management Board shall ensure the establishment of a Registry for the benefit of the Court of Justice and the Court of Justice at first instance. The Registry shall have an establishment in each of the countries with a registrar of the headquarters of the Member States.
2 Documents and cases for the benefit of the Court and the proceedings at first instance may be filed at all branches of the Registry, save where otherwise provided by a national regulation or law.
3 The Court of Justice shall give the Registry of the Registry the opportunity to represent the interests of their establishment. To this end, the Steering Board shall invite them to hold meetings of the Steering Board, except in cases where the Steering Board does not consider their attendance to be appropriate.
4 A member of the board appointed by the management of the Court shall conduct regular consultations with the Registry of the Registry.
5 The judicial officers and judicial officers designated for that purpose by the Court of Justice shall carry out work carried out by the Registrar or by law pursuant to or pursuant to a national law.
6 The administration of the Court may call outside officers for the performance of activities entrusted to the Registrar by or pursuant to a national or national law. Before being summoned for the first time, they shall submit to the President of the Court of Justice or to his/her alternate the Article 28 Such oath or promise shall be issued.
7 If a court official, a judicial officer in training or an outside criminal activity assigned to the Registrar by or by virtue of a national regulation or by law, is required to support a court, he shall be obliged to comply with the provisions of instructions of this.
1 The members and alternate members of the Court shall be appointed to the Court by royal decree for life. The proposal shall take place on a proposal from Our Ministers.
2 Where a function of a member or an alternate member of the Court is to be filled, the Board of the Court shall forward a written recommendation to Our Ministers, made by a majority of votes by the Court. If the recommendation sees the function of a member, it shall contain the names of as many candidates as possible.
3 Our Ministers shall, when making their proposal for the appointment of a member or alternate member, consider the recommendation of the Court as far as possible.
4 If our Ministers intend to depart from the Court's recommendation, they shall seek to obtain the views of the Court of Justice. The views of the Court and the recommendation of the Court shall be annexed to the proposal of Our Ministers. They explain why they have departed from the recommendation of the Court.
1 To members or alternate members of the Court of Justice may be appointed:
a. to whom on the basis of the results of a final examination of a training in scientific education in the field of the right by a university to be awarded by a general measure of the administration, the degree of Bachelor's in the area of the law and also the degree Master in the field of law;
(b) who, on the basis of the resulting results of a final examination of training in the field of the right to a university to be awarded by a general measure of public administration, obtained the right to conduct the title of the master.
2 In the case of a general measure of government administration, degrees may be assigned by a university or a college or equivalent certificates to be identical to those laid down in paragraph (a) for the application of paragraph 1 (a). That member's degree of degree Bachelor in the field of law.
Only the Dutch may be appointed as a member or an alternate member of the Court.
1 The Judge-alternate at first instance shall be appointed to the Court by royal decree for life. The proposal shall take place on a proposal from Our Ministers. The proposal of our Ministers shall be based on the management of the Court of Justice, with the agreement of the Court of Justice.
2 Article 24, third paragraph shall apply mutatis mutandis.
3 Preferably only Judges are appointed at first instance which meet the requirements of Article 24, first and second paragraphs If the Court of Justice makes a proposal for the appointment of a Judge to appoint at first instance which does not comply with those requirements, the Court shall give reasons why the person concerned is suitable for appointment.
1 A member of the Court may not also be:
a. Governor;
b. Minister or State Secretary;
c. member of the representing bodies of Aruba, Curaçao or Sint Maarten, of the States-General or of an island council;
d. Member States ' representative, authority or island deputed;
e. member of the Management Board;
f. member of the Council of Opinion of Aruba, Curaçao, or Sint Maarten, or of the Council of State of the Kingdom;
g. Member of the General or National Court of Auditors of a country;
h. national or island ombudsman or substitute ombudsman,
an official in a ministry or an island, including institutions, services and businesses, including those who are responsible;
j. solicitor, notaris or other professional legal aid provider.
The first paragraph shall apply to Deputy Members of the Court and Judges of First Instance, with the exception of parts (i) and (j) and (f), as far as they are concerned with membership of the Council of State of the Kingdom.
3 A Judge shall notify the administration of the Court of the relations which he carries out outside his office. Where possible, notification shall be made as soon as it is intended to enter into the relationship.
4 The Court of Justice shall keep a register in which the relations referred to in the third paragraph are incorporated. The register shall be open to the Court of Justice and to the courts of first instance.
1 Spouses, relatives or relatives up to the third degree may not be a judge at the same time.
2 If judges marry each other, the juggling judge will not be able to remain a judge.
3 If the appointment arises after the appointment, the person who caused it shall not be able to retain his office, unless the royal decree has granted a derogation.
4 The adoring relationship ceases to exist by dissolution of the marriage that caused it.
5 The person who is unable to retain his duties under the second and third paragraphs shall resign.
6 The administration of the Court of Justice shall ensure that the persons who have been granted an exemption as referred to in paragraph 3 are not charged with the treatment of the same case.
1 A judge shall take the oath or promise in accordance with the form as established by the form before the date of entry into service. Annex to this state law.
2 The lodging of the Judges shall be made by the Governor of Aruba, Curaçao or Sint Maarten, or by a civil servant designated by one of them.
1 A Judge shall be suspended by the High Court if he:
(a) is in temporary custody;
(b) in the case of a judgment which has not yet become final, has been ordered for a criminal offence or has been subject to a measure involving deprivation of liberty in the event of such a judgment;
c. in the case of a court order which has not yet become irretrievable, has been made subject to bankruptcy for the purposes of declaring the debt restructuring scheme to be applicable to the natural persons, he has been given the right to take part in the proceedings; Payment has been made, or has been taken as a result of debts.
2 A judge may be suspended by the High Court if:
a. Judicial investigation of a crime against him has been established;
b. there is another serious presumption for the existence of facts or circumstances that are to resign, other than on the basis of Article 30, first or second paragraph , or Article 31 Could lead.
3 The suspension, as provided for in the preceding paragraphs, shall end after three months. The Hoge Raad may extend the measure for a period not exceeding three months.
4 The High Court shall terminate the suspension as soon as the ground for this measure has expired.
(5) The High Court may, in deciding on the decision to suspend the court, provide that no revenue from that employment will be enjoyed during the period of suspension or only a part of that service which is to be determined in the course of the suspension. enjoyed.
6 If the suspension ends otherwise than by dismissal, the Hoge Raad may decide that the salary not enjoyed shall be paid in whole or for a part to be determined.
1 A judge shall be dismissed on his own request by royal decree.
2 A member of the Court of Justice shall be dismissed by royal decree from the first day of the month following that in which he reached the age of 70.
3 A judge shall be dismissed by the High Court of Justice:
(a) if he or she accepts a post or relationship which, under the law, is incompatible with the office held by him;
b. If he loses the Nederlandership;
c. In the event of proven incapacity for function, other than due to illness.
1 A judge may be dismissed by the High Court if he is permanently unfit to perform his duties because of illness.
2 By way of derogation from paragraph 1, if the conditions laid down by a general measure of public administration are satisfied and the judge concerned so requests, the dismissal may be granted by a Royal Decree. In the case of the legal effects, such dismissal shall be treated as a dismissal issued by the High Court in accordance with the first paragraph.
A judge may be dismissed by the High Court:
(a) if he has been convicted of a criminal offence by an irrevocable order, or has been a measure of deprivation of liberty in the case of such a judgment;
(b) if, on irrevocably, he has been declared under receivership under receivership, has been declared bankrupt in respect of the debt restructuring scheme, natural persons have been declared to be subject to payment of payment, payment of payment of a payment has been acquired or held hostage because of its debts;
(c) for action or failure to act, which seriously prejudies the good conduct of the case-law or of the trust to be established in it;
d. After having been warned earlier on the basis of an equal offence, the provisions shall take place under which:
1 °. a place of residence is designated;
2 °. is prohibited to enter into any maintenance or conversation with any party or its lawyers or agents, or to take any particular information or written part of them;
3 °. the obligation shall be kept secret;
4 °. the obligation is imposed on the dismissal of his/her resignation on the basis of Article 27 (5) .
1 The Supreme Court shall take the decisions referred to in this Chapter upon application by the Attorney General to the High Court. On termination of the suspension provided for in Article 29 (4) , the High Council shall decide upon the request of the Attorney General of the High Court, or at the request of the Judge concerned.
2 The procurers-General of the countries shall, at the request of the Attorney General of the High Court, provide documents relating to the prosecution or conviction of a judge.
3 The request of the Attorney General to the High Court shall be either of its own motion or on the basis of a reasoned request from the President of the Court of Justice.
4 The Attorney General of the High Court shall not seek to resign or suspend after having given the judge concerned the opportunity to express his views orally or in writing. The statement of views orally shall be drawn up in minutes which shall be signed by the Judge and the Attorney General concerned. If the Judge refuses to sign the report, it shall be reported in the minutes, if possible with the reasons for the statement. A copy of the minutes shall be sent to the court in question.
5 At the request of the Attorney General of the High Court, the oral argument referred to in paragraph 4 may be brought forward to the President of the Court or to the Attorney General of any one of the countries. The second, third and fourth sentences of the fourth paragraph shall apply mutatis mutandis. The person to whom the view has been expressed shall forward the minutes as soon as possible to the Attorney General of the High Court.
6 The claim shall be established by the Attorney General to the High Court in writing and in a reasoned statement. The claim shall in any case be accompanied by the opinion referred to in the fourth paragraph.
1 The examination by the High Court shall be carried out in a council chamber.
2 The High Court shall forward a copy of the action brought to the court in question, together with the documents attached thereto.
3 The Supreme Court may, either at the request of the Attorney General of the High Court of Justice or of the court in question or of its own motion, hear witnesses and order a statement of or an interview of experts. The Hoge Raad shall hear the member or alternate member at his request.
(4) The High Court may hear the Judge concerned or the hearing of a witness or expert referred to in the third paragraph, which shall be the President of the Court. The hearing shall be made by the President of the President and shall be signed by the person heard and the President of the President. If the person who has been heard refuses to sign it, it shall be reported in the minutes, if possible with the reasons for the statement. A copy of the minutes shall be provided to the person heard. The President shall forward the minutes as soon as possible to the High Council.
The High Court shall decide by reasoned judgment. The judgment shall take place in public.
The High Council shall inform the President of the Court, the Attorney General of the High Council and also to Our Ministers, without delay, of any decisions which are to be dismissed or suspended, or the suspension shall be renewed or terminated.
1 The members of the Court may be required to reside or remain resident in one of the countries by the Board of the Court if it is necessary in the opinion of the Board for the proper performance of their duties.
2 This obligation must be fulfilled within two years of the imposition of the obligation.
1 The President of the Court of Justice shall have jurisdiction to judge the dignity of his office, office or administrative duties or to plead guilty to a breach of his or her nature as intended for the purpose of his or her duties. Article 32 (d) , after having given the opportunity to present his views orally or in writing, to give the necessary written warnings.
2 The statement of views expressed orally, referred to in paragraph 1, shall be drawn up in minutes which shall be signed by the Judge concerned and by the President. If the Judge refuses to sign the report, it shall be notified where possible, if possible with the reasons for such statement. A copy of the minutes shall be sent to the court.
(1) Against a legal position or action in which a judge, the managing director, a judicial officer, a judicial officer in training, a former judge, a former director of business, a former administrative officer, a former an interested party may appeal to the Court of First Instance of the country in which the Court of First Instance, acting in its first instance, may be brought before the Court of First Instance of the country in which the court of First Instance Person concerned. If the person concerned does not live in one of the countries, the Court of First Instance of Curaçao shall have jurisdiction.
2 Against the judgment of the Court of First Instance, an interested party may appeal to the Court of Justice.
3 The proceedings and the decision on appeal shall be carried out by a multiple Chamber of the Court consisting of a member or alternate member of the Court as President and two other persons other than Judges.
4 The other persons referred to in paragraph 3 shall be appointed by Royal Decree for a period of three years. The nomination shall be made on a proposal from Our Ministers jointly. Reappointment is possible.
5 To the other persons referred to in the third paragraph Article 24, first and second paragraphs , mutatis mutandis.
6 The rules of procedural law governing the treatment of civil service disputes in the country in which the appeal is treated shall apply mutatis mutandis to the treatment of the appeal and the appeal.
7 No appeal may be lodged against
(a) an appointment or appointment, unless the action is brought by a Judge, a court official, a managing director or a judicial officer in training as such, their survivors or their rights of law;
b. a Supreme Court decision as intended in the Articles 29 to 32 ;
c. a claim as referred to in Article 33 .
8 By way of a decision, action or claim referred to in this Article, a refusal to decide, to act or to claim shall be treated as equivalent.
Members and alternate members of the Court, together with their spouses or registered partners and minor children in so far as they conduct a common household with them, shall be admitted to the countries of law. The members and alternate members of the Court of Justice and their spouses or registered partners shall not be subject to any conditions for the exercise of an occupation or the performance of employment.
1 The legal position of the Judges is, moreover, governed by or by virtue of general rules governing the administration of the State.
2 In the case of, or under a general rule, rules may be laid down on the treatment of complaints about conduct of judges.
1 The Court of Justice shall have a board composed of a President, three Vice-Presidents and a Director of Operations. The president is chairman of the board.
2 The President and the Vice-Presidents shall be members of the Court.
3 On the managing director is Article 26, first paragraph, points (a) to (d) and (f) to (j) , mutatis mutandis.
4 In the administration, as vice-presidents, a member of the Court of Justice who is active and resident in Aruba, a member who is active in Curaçao and a member of residence in Curaçao and who is resident in Sint Maarten, is a member of the Court.
5 The members of the Board shall be appointed by Royal Decree for a period of five years. They may be reappointed in the same way. Article 23, first paragraph, second sentence, and second to fourth paragraphs , shall apply mutatis mutandis, with the understanding that our Ministers shall also hear the Management Board on the appointment of the Director.
6 The members of the Board shall be appointed on the basis of expertise necessary for the performance of the tasks of the Steering Board.
1 If, and from the moment the President or a Vice-President is suspended or dismissed as a Judge, he shall be suspended or dismissed as a member of the Board of the Court of Justice. The suspension shall end at the end of the period of suspension as a member of the Court.
2 The members of the Court of Justice shall be dismissed on their own request by Royal Decree as such. The proposal for the decision shall be submitted on a proposal from Our Ministers.
3 The members of the Court of Justice shall be dismissed by Royal Decree as such in the case of incapacity other than due to illness. The proposal for the decision is made on a proposal from Our Ministers, heard the board.
4 In the case of, or under a general measure of public administration, detailed rules may be laid down regarding the legal status of the members of the Court of Justice.
1 The administration of the Court of Justice may take decisions only if at least half of its members are present.
2 The Court of Justice shall decide by a majority of its members.
3 If the votes cease, the vote of the President shall give effect to the vote.
The management of the Court of Justice may authorize one or more of its members to exercise one or more of its powers.
1 The Court of Justice shall, in any case, lay down detailed rules governing its operation, decision-making and distribution of tasks, the organisational structure, the authorisation, as referred to in Article 2 (1) of the Regulation. Article 43 , and the replacement of its members in case of illness or other inability to attend.
2 The Regulation shall be published in a generally available gazette in the countries.
1 The Court of Justice shall be responsible for the general management, organization and operation of the Court of Justice and of the Commission at first instance. In particular, the Board shall ensure that:
(a) the quality and the administrative and organizational function of the Court of Justice and the institutions at first instance;
b. The composition of single and multiple chambers;
(c) conduct consultations with the Management Board on the preparation and draft of the budget and the annual report;
(d) conduct consultations with the Management Board on the appointment of the judicial officers of the Court;
e. Cares of automation, administrative information, housing, security and other material facilities at the Court.
2 The Court of Justice also has the task of promoting the legal quality and uniform application of law at first instance within the Court of Justice and the Court of Justice. It shall carry out consultations with the Council for that purpose.
3 The administration shall supervise the regular settlement of all legal acts.
4 The administration may, in order to carry out its tasks, give general and specific directions to all persons working at the Court of Justice and to the Court of First Instance in order to carry out its tasks.
5 When giving directions and carrying out its duties, the board does not act in procedural proceedings of, the substantive assessment of, or decision in a case or in categories of cases.
1 The administration of the Court of Justice may provide for the appointment and dismissal of judicial officers and shall exercise in respect of them the other powers arising out of the capacity of the Court of Justice. Judicial officers in training shall be appointed to the Court.
2 In respect of judicial officers in training Article 24, first and second paragraphs , mutatis mutandis.
3 In the case of, or under a general measure of public administration, rules relating to the selection, appointment, dismissal, training and other matters relating to the legal position of the judicial officers in training are to be laid down. concerning.
The Board of the Court shall give information and advice when requested by the government of one of the countries unless the case for which information and advice has been sought, is subject to a judicial decision or is to be provided for This will be done.
1 The Court of Justice shall adopt an annual plan of the Court of Justice on an annual basis before 15 October. The annual plan shall contain a description of the activities planned for the implementation of the plan. Article 45 These tasks for the coming year shall be taken into account in the draft budget for the coming year.
2 The President shall monitor the implementation of the annual plan.
3 The Steering Board shall report annually before 1 April each year on the preceding year, which shall consist in each case of annual accounts with corresponding budget and an annual report. The financial statements need to be approved by the Management Board and shall be accompanied by a statement of fidelity and legality issued by an auditor designated by the Management Board. When designating the auditor, the Management Board shall ensure that our Ministers, on request, are given an insight into the audit work of the auditor.
The President or, if the latter is absent or absent, shall be appointed by the Board to do so, shall represent the Court.
1 There is a Management Board. The Management Board shall be a body of the legal person Court.
2 The Management Board shall consist of four members. The members of the Management Board shall be appointed by Royal Decree. The nomination shall be made on a proposal from Our Ministers, after hearing the Management Board and the Board of the Court.
3 Appointment shall be made on the basis of expertise necessary for the proper exercise of the functions of the Management Board as well as on the basis of social knowledge and experience.
4 A member of the Management Board may not also be a member of:
a. Judge;
b. Director of business operations, court official, judicial officer in training or outdoor riffier;
c. Governor;
d. Minister or State Secretary;
e. Commissioner of the Queen or Member of the Member States of the Member States;
f. member of the representing bodies of Aruba, Curaçao or Sint Maarten or Member of the States-General;
g. Member State representative, authority or island deputed;
h. Mayor or alderman;
i. member of the Council of Opinion of Aruba, Curaçao or Sint Maarten or member of the Council of State of the Kingdom;
j. member of the General or National Court of Auditors of a country;
k. national or island ombudsman or substitute ombudsman;
(l) official in a ministry or island, including the institutions, services and firms, including those responsible for such an official;
m. solicitor or notaris or other professional legal aid provider.
5 Appointments shall be made for a period of five years. Reappointment is possible.
6. One of the members of the Management Board shall be chairman. The chairman shall be appointed by royal decree on a proposal from the members of the Management Board.
7 In the case of a general measure of public administration, rules on dismissal, suspension and remuneration are laid down, and rules may be laid down on other legal matters for the members of the Management Board.
For the support of the Management Board, court officials or officials of the countries may be employed. They shall be responsible only to the Management Board for the performance of their activities before the Management Board.
1 The Management Board shall decide by a majority of its members. If the votes are repeated on repeat, the vote of the chairman shall be the result of the vote.
2 The Management Board may authorise one or more of its members to exercise one or more of its powers.
The Management Board shall be responsible for:
(a) prepare a draft budget of the Court of Justice in accordance with our Ministers, taking into account: Article 56, first paragraph ;
(b) general supervision of the implementation of the annual plan;
c. General supervision of the business of the Court;
d. to be accountable to Our Ministers on the administration of the judiciary and the manner in which the budget referred to in paragraph (a) (a) has been implemented
e. appointment and dismissal of court officers and of outdoor riffiers.
1 The Management Board may, on a proposal from the Board of the Court of Justice, propose to persons, not a Judge or a judicial officer in training, as an outer riffier.
2 Court officials shall be appointed by the Management Board, on a proposal from the Board of the Court, suspended and dismissed. They shall be appointed to the Court.
3 The legal position of the court officials and the fee for the outdoor riffiers is regulated by the Management Board under the approval of Our Ministers.
1 In the case of a general measure of government administration, rules are laid down in respect of the financing of the Court. This includes, in any case, rules on the financing basis.
2 The costs of the Court, the powers of first instance and the Management Board shall be reimbursed from a contribution to be made available by the countries which is distributed among the countries in accordance with a key to be established by a general measure of public service.
1 The Management Board shall send to our Ministers a draft budget for the following year, on the basis of a proposal from the Board of the Court and after consultation with the Steering Board, for each year before 15 March.
2 The management of the Court shall forward the proposal referred to in paragraph 1 to the Management Board on a yearly basis by 15 February.
3 The proposal referred to in paragraph 1 shall contain a multiannual estimate for at least four years of the following financial year.
4 The Board of Governors shall specify or have deviated from the proposal of the Board of the Court in the draft budget. A derogation from this procedure shall be set out in the explanatory memorandum to the draft budget to what extent and why it has been taken.
1 Our Ministers shall consult each year on the draft budget by 15 April each year and shall set out the amount which our Ministers will include in the budget of the country concerned for the benefit of the Court. In so doing, they shall use the allocation key in Article 55, second paragraph -In eight.
2 Our Ministers shall inform the Council of Ministers of the Kingdom of the outcome of the consultations provided for in paragraph 1.
3 The Management Board shall adopt the budget for the Court under the approval of Our Ministers.
1 The Management Board shall, upon request, forward to each of our Ministers the information required for the performance of their tasks.
2 The Management Board shall inform our Ministers and be accountable to the financial management of the Court on the basis of the report referred to in Article 2 (1). Article 48, third paragraph . Our Ministers shall inform the Council of Ministers of the Kingdom of this.
Aruba, Curaçao and Sint Maarten govern or under national law governing general measures and the Netherlands regulates, by or pursuant to general management measure, the rates of justice, both in civil and criminal matters, as well as the rewards calculated for legal acts and the advances, travel and subsistence costs, which are to be charged.
1 The appointment of the person who is President of the Common Court of the Netherlands Antilles and Aruba on the day prior to the entry into force of this Law is hereby amended by way of appointment as President of the Court of Justice for the period the five-year period.
2 The appointment of a Registrar to the Common Court of the Netherlands Antilles and Aruba on the day preceding the entry into force of this Law shall be amended by way of appointment as Director of the Executive Board of the Netherlands Antilles and Aruba. the Court for the period of five years.
3 By way of derogation from Article 40, fifth paragraph In conjunction with Article 23, second paragraph , the President shall send the recommendation for the first appointment of Vice-Presidents of the Court to Our Ministers.
4 The appointment of those who are members of the Common Court of the Netherlands Antilles and Aruba on the day prior to the entry into force of this Law shall be amended by way of appointment as members of the Convention. Deputy Member of the Court respectively. They shall not be sworn in and installed as such.
5 If an alternate member of the Court has been appointed prior to the entry into force of this State Law for a specified period, his appointment shall end on the day of his appointment as an alternate member of the Common The Netherlands Antilles and Aruba would end.
6 The appointment of those who are at first instance on the day prior to the entry into force of this Law of Judges shall be converted from law to an appointment as a Judge of the Court at first instance. The second sentence of the fourth paragraph and the fifth paragraph shall apply mutatis mutandis.
1 The officials, employees and contract staff appointed on the day prior to the entry into force of this Law of the Law of the Court of Justice of Aruba and working for the purposes of the Registry of the Court of First Instance of Aruba from the date of entry into force of this Law of the Law, appointed to the Court in the same grade, on the same footing, with the same place of employment and, incidentally, in the same legal status as on the day preceding that date, except where the person concerned has the same status as Our Minister concerned has agreed with them that they will not be employed by the Court. .
2 The members and promises made by the persons referred to in paragraph 1 shall be deemed to be related to their new service.
3 As regards the appointment of officials, workmen and contract staff appointed on the day prior to the entry into force of this Law of the Law of the Netherlands Antilles and are active for the purposes of the Registry of the Netherlands Antilles the Court of First Instance of the Netherlands Antilles or of the Registry of the Common Court of Justice of the Netherlands Antilles and Aruba, the Management Board shall be bound by agreements which have been agreed on them in the context of the dismantling of the country the Netherlands Antilles are made.
1 Those who have been appointed as judicial officers in training at the Court of the Netherlands Antilles and Aruba on the day prior to the entry into force of this Law of Law shall be valid from the date of entry into force of this Law of the Netherlands. appointed as a judicial officer in training at the Court of Justice.
2 Article 60, fifth paragraph , shall apply mutatis mutandis.
1 Proceedings referred to in the Court of First Instance of the Netherlands Antilles on the day preceding the entry into force of that law shall be deemed to be seised from the date of entry into force of this Law on the entry into force of this Law of the Law of the Netherlands. the Court of First Instance of Curaçao, the Court of First Instance of Sint Maarten or the Court of First Instance of Bonaire, Sint Eustatius and Saba. The Board shall designate the Court of First Instance to examine the case.
2 proceedings pending before the entry into force of this Law on the Law of the Netherlands Antilles and Aruba on the day preceding the entry into force of this Law shall be deemed to be applicable from the date of entry into force of this Law. Member of the Court of Justice.
Decisions taken prior to the entry into force of this Act by the Court of Justice of the Netherlands Antilles and Aruba, the Court of First Instance of the Netherlands Antilles or the Court of First Instance of Aruba of power.
Within five years of the entry into force of this State Law, our Ministers shall forward to the Representing Bodies of Aruba, Curaçao and Sint Maarten and to the States-General an evaluation report on the effectiveness and effects of this State Law. in practice. In advance of the evaluation, the Member States shall establish together the criteria, themes and composition of the evaluation committee.
This Law of Law shall enter into force on a date to be determined by Royal Decree.
This state law is cited as: National Court of Justice of the European Communities.
Charges and orders that this state law will be placed in the Official Gazette, the Official Journal of the Netherlands Antilles and the Gazette of Aruba and that all ministries, authorities, colleges and public servants who so concern. Accurate execution will keep the hand.
Entry
' s-Gravenhage, 7 July 2010
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for the Interior and Kingdom Relations,
A. Th. B. Assistance field-Schouten
Issued the first of September 2010The Minister of Justice,
E. M. H. Hirsch Ballin
I swear/I pledge allegiance to the King and obedience to the legal arrangements
I swear/I declare that I am neither medic nor immediately, under whatever name or pretext, to obtain my appointment to anyone, whoever he has given or promised, nor shall give or promise.
I swear/I promise never to take any gifts or gifts, however named, or receive any from any person from whom I know or suspect that he is or will be involved in any legal proceedings in which my office operations might be available. come.
So help me God Almighty! /I declare and promise!
On ...... it was to be .........
Not including ..........
the above oath/promise.
The .........
1 ...........
2. ..........
The judge is obligated to keep the secrecy of feelings that have been expressed in a council chamber. The judge may not engage in any way with the parties or their lawyers or agents on any dispute before him or any dispute which he knows or suspects of any action before him.
