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Rijkswet of 7 July 2010 regulating the institution, duties and powers of the Law Enforcement Board of Curaçao, of Sint Maarten and of Bonaire, Sint Eustatius and Saba (Law Enforcement Law Council)
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 taken the view that the governments of the Netherlands and the Netherlands Antilles and the administrative forces of Curaçao and Sint Maarten want to cooperate within the Kingdom by setting up a body responsible for the inspection of the Netherlands Antilles. services and institutions forming part of the justice chain in Curaçao, in Sint Maarten and on Bonaire, Sint Eustatius and Saba, that they want 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 Netherlands and the Netherlands Antilles and 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:
1 In this law of state law, the following definitions shall apply:
a. Administrative organ:
-a body of a legal person in the countries which has been established under public law, or
-any other person or college with any official authority held in the countries;
b. Countries: Curaçao, Sint Maarten or the Netherlands, as far as Bonaire, Sint Eustatius and Saba are concerned;
c. Joint Court of Justice: Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and Bonaire, Sint Eustatius and Saba;
ed. Council: Law enforcement board referred to in Article 2, first paragraph ;
e. Our Minister: Our Minister of Justice of Curaçao, Our Minister of Justice of St. Maarten or our Minister of the Netherlands, who is the subject of the second to fifth members;
f. Our Minister in question: Our Minister of the country which is involved in an inspection report or opinion;
g. Our Ministers: Our Minister of Justice of Curaçao, Our Minister of Justice of St. Maarten and Our Minister of the Netherlands, who is the subject of joint action in the second to fifth members;
h. representing organ: the States of Curaçao, the States of Sint Maarten or the Second Chamber of the States-General.
2 In so far as the inspection by the Council concerns the police or the training of the police and is carried out in whole or in part for the benefit of the Netherlands, as far as Bonaire, Sint Eustatius and Saba is concerned, Our Minister of the Netherlands Who is it: Our Minister of Home Affairs and Kingdom Relations in accordance with our Minister of Justice of the Netherlands.
3 In case of application of the Article 36, fifth paragraph , 37, 6th paragraph , and 42 Our Minister for the Netherlands is our Minister of Home Affairs and Kingdom Relations and our Minister of Justice of the Netherlands.
4 In so far as the inspection by the Council relates to institutions and establishments as referred to in Article 4 (2), Article 3, first paragraph, point (b) , judicial cooperation as referred to in Article 3, third paragraph The Minister of Justice of the Netherlands is our Minister for Justice, the foreign ministry or border security for Bonaire, Sint Eustatius and Saba.
In other cases than mentioned in the second to fourth members, our Minister of the Netherlands is our Minister of Justice of the Netherlands in accordance with our Minister of the Interior and of the relations of the Kingdom.
1 There is a Council for law enforcement.
2 The Council is an organ of Curaçao, Sint Maarten and the Netherlands.
3 The Council shall have legal personality.
1 The Council is responsible for the general inspection of the following organisations in the countries:
a. the police, the training of the police and the prosecution service,
Institutions and establishments in which custodial sentences, custodial sentences, measures involving deprivation of liberty or deprivation of liberty are being implemented, or probation or victim care is carried out in respect of adults and adolescents,
c. other organisations designated by national regulation or by law, which are under the responsibility of Our Minister and are part of the judicial chain.
2 The Council shall carry out the inspection referred to in paragraph 1 with regard to:
a. its effectiveness,
b. the quality of the task performance; and
c. the management.
3 The Council is also entrusted with the general inspection of the quality and effectiveness of judicial cooperation between the countries.
4 The Council may be entrusted with advice on the handling of complaints to administrative bodies as to how an organisation referred to in the first paragraph has behaved in a particular matter, by a national regulation or by law.
5 The Council may be entrusted with the supervision of the processing of police data by a national regulation or by law. In so doing, the powers necessary for that task may be conferred on the Council.
6 The Council shall not carry out any inspection to the extent to which the Research Council for Security, referred to in Article 2 of the Law of the State Research Council for Security , an investigation is set.
1 Our Ministers may provide guidance to the Council with regard to the implementation of the annual plan.
2 These indications may not relate to the methodology to be used, the judgment forming part of the Council and its research report.
3 A designation shall not be given than after consultation with the Council.
The Council shall consist of three members.
The members of the Council shall be appointed, suspended and dismissed by Royal Decree. They are appointed for a maximum period of four years and can be reappointed once.
1 Our Minister of one of the countries, makes a proposal for the appointment of one of the members in agreement with our Minister of the two other countries.
2 Before taking up their duties, the members shall, in the hands of the President of the Common Court of Justice, take the oath or promise in accordance with the form laid down in the Annex to this state law.
1 The members of the Council shall be appointed on the basis of the expertise necessary for the exercise of the tasks of the Council.
2 Members shall have the nationality of the Netherlands.
3 Members shall not fulfil any relationship whose exercise is not desired for the purpose of proper performance of their duties or on the maintenance of their impartiality and independence or of confidence in it.
4 The members of the Council report the intention to accept a secondary function to our Minister for one of the countries and inform the other ministers at the same time.
5 The Council shall publish the secondary functions by publication on the Council's website.
The Presidency of the Council shall annually mourn between the three members.
A member of the Council shall be dismissed as follows:
(a) at the latest on his request from the first day of the third calendar month of the day on which our Minister has received the request for resignation;
b. At the age of 70 years;
c. If he is unfit to function as a result of illness or lack of permanent incapacation;
d. in the case of acceptance of a relationship as referred to in Article 8, third paragraph ;
e. in the event of the loss of the Nederlandership;
f. if he has been sentenced to irretrievably a criminal judgment as a criminal offence or has been subject to such a measure of deprivation of liberty by such a judgment;
g. if he has been placed under receivership under an irrevocable order, has been declared bankrupt, has been subject to payment of a payment or has been held hostage by reason of its debts;
h. if he, in the judgment of Our Ministers by acting or failure to act, seriously prejudies the trust to be established in him.
1 A member of the Council shall be suspended if:
(a) he is in custody;
b. he has been convicted of a criminal offence in a judgment which has not yet become irretrievable or has been subject to a measure involving deprivation of liberty in the case of such a judgment;
(c) he has been placed under receivership, declared bankrupt, has been subject to payment of a payment or has been held hostage by reason of a court ruling that has not yet become irretrievable.
2 A member of the Council may be suspended if a criminal investigation is instituted against him or if there is any serious suspicion of the existence of any facts or circumstances as referred to in Article 2 (2) (a) of the Article 10, parts c to h Which could lead to dismissal.
3 In the case referred to in the second paragraph, the suspension shall end after three months. The suspension may be extended for a period of not more than three months. The suspension shall be terminated as soon as the ground for suspension has expired.
The proposal for decisions taken on the basis of the Articles 10 and 11 be done by Our Ministers.
In the case of, or under a general measure of public administration, the legal position of the members of the Council shall be regulated in so far as it is not provided for in this Law.
1 The Council shall have its support for a secretariat.
2 The secretariat will hold office in Curaçao and Sint Maarten, as well as on one of the islands of Bonaire, Sint Eustatius or Saba.
3 To the head of each of the offices is a secretary.
4 The Secretaries shall be accountable to the Council for their work before the Council.
5 The Council shall appoint, suspend and discontinue the Secretaries and other members of the Secretariat.
6 The decision to appoint a member of the Secretariat shall contain the country of employment of the person concerned.
7 Each member of the Secretariat shall be competent and employable in all countries.
1 The legal status of the members of the secretariat whose position is Curaçao or Sint Maarten are the rules applicable to officials appointed to ministries in Curaçao and Sint Maarten, respectively, with the exception of the following: whereas, under these rules, competence is conferred on a Minister, that power is exercised by the Council, unless it is the power to set rules.
2 Under the legal position of the members of the secretariat whose position is Bonaire, Sint Eustatius or Saba are subject to the rules applicable to civil servants appointed by Our Minister of the Interior and Kingdom Relations for the purpose of be effective only on Bonaire, Sint Eustatius or Saba, except that where the Minister has competence in these Rules, that power shall be exercised by the Council, unless it is the power to set rules.
1 The Council shall establish a protocol of operation for its operations.
2 The Protocol shall be made public within four weeks of its adoption by the award of the Council's website and by publication in a generally available official publication of each of the countries.
1 The members of the Council shall sit without charge.
2 A member of the Council or a member of the Secretariat shall not:
a. As a solicitor, agent or consultant working in disputes for:
1 °. a counterparty of the Council,
2 °. a Party recommended by the Council,
3. a service or institution which inspects the Council; or
4 ° the Council,
(b) enter into an agreement directly or indirectly with the Council, with the exception of contracts directly related to the appointment as a member of the Council or of the Secretariat,
(c) be employed as a representative or adviser to third parties in connection with the agreements concluded with the Council as referred to in point (b).
1 The Council may, for the exercise of its powers, make use of experts, including, in any case, supervisors employed by inspection services of the countries.
2 The Council shall exercise its powers in respect of Bonaire, Sint Eustatius and Saba, using expert Dutch inspection services.
The Council shall announce an inspection in advance to the service or institution concerned, unless an unannounced inspection is desirable in the interests of the investigation.
Any person involved in the implementation of this Law of the State shall be given information on which he or she is of a confidential nature or who may reasonably suspect, and for whom it is not already under the terms of office, occupation or legal order, Where such information is subject to confidentiality, such information shall be subject to the confidentiality of such information, except in so far as any provision of law requires him or her to be required to communicate that information in the performance of that state of law. the need for communication.
1 The Council shall be empowered to exercise its own initiative in the context of its inspection tasks, as referred to in Article 4 (2). Article 3, first paragraph -To investigate.
2 The Council shall also carry out an examination as referred to in the first paragraph on a request from our Minister for that purpose.
The Council shall make use of the exercise of its powers only in so far as it is reasonably necessary for the performance of its tasks.
1 The Council is empowered to take the necessary equipment, land and buildings of the Article 3, first paragraph , to enter the said organizations.
2 The Council is empowered to be accompanied by persons appointed for that purpose by the Council.
3 The members of the Council, the staff of the Secretariat and experts appointed by him, shall contribute, when entering a place referred to in the first paragraph, with a certificate of identification issued by Our Minister. They shall show the identification of the certificate at the request of the fund.
4 The certificate shall contain a photograph of the carrier and shall indicate in any case its name and capacity.
The Council shall be empowered to request information.
The Council shall have the right to seek access to persons from an identity document recognised in general by or pursuant to a national regulation or by law or by law.
1 The Council is empowered to seek access to business records and records.
2 The Council shall be empowered to make the information and documents.
3 Where the making of copies cannot be made on the spot, the Council shall be empowered to take the information and documents for that purpose in a short period of time against any written evidence to be given by the Council.
1 The Council shall be empowered to examine means of transport to which he has an inspection task.
2 The Council shall be empowered to examine any means of transport which, in its reasonable judgment, is to be carried out in respect of which he has an inspection task, on their cargo.
(3) The Council is empowered to seek access to the driver of a means of transport in respect of which he has an inspection task, to inspect the documents prescribed by law.
4 The Council is empowered to claim, in the first paragraph of the first paragraph, of the driver of a vehicle or of the skipper of a vessel, that it ceases its means of transport and has been assigned to a vessel designated by it. place.
5 The Council shall lay down in a regulation the manner in which the proceedings are to be held for still holding.
1 Any person shall be obliged to give the Council, within the reasonable period prescribed by the Council, any cooperation which it may reasonably be likely to advance in the exercise of its powers.
2 Those who, by virtue of their office, occupation or legal requirement, are required to keep confidential, may refuse to cooperate in so far as they result from the obligation of professional secrecy.
1 The Council's position in the Articles 22 to 28 shall also apply to persons designated by the Council to that end, to the extent that the Council states in the designation of the powers which those persons have. These powers shall be indicated in the certificate of identity referred to in Article 23, third paragraph .
2 The Council may designate persons referred to in the first paragraph only from the circle of members of the Council, staff members of the Secretariat and experts as referred to in Article 2 (1). Article 18, first paragraph .
3 The experts appointed under the first paragraph shall act in the exercise of the powers of responsibility of the Council.
1 The Council shall draw up an inspection report on the basis of the examination which it has carried out.
2 The Council shall give the authority concerned the opportunity to respond to the inspection report within a reasonable time limit set by the Council. Subsequently, the Council shall give the Minister concerned the opportunity to respond to the inspection report within a reasonable time limit set by the Council.
3 After receipt of the reaction of Our Minister concerned or after the expiry of the period referred to in the second sentence of paragraph 2, the Council shall adopt the inspection report. He may, in response to his findings, make recommendations to our Minister concerned on any action to be taken.
4 The inspection report shall be forwarded by the Council after adoption to our Minister concerned.
5 Our Minister concerned shall send the inspection report and its response to the representative body of the country concerned within six weeks.
1 The Council shall make an inspection report, as referred to in Article 30, first paragraph , subject to the provisions of the second and third paragraphs not earlier than six weeks after the report has been sent to our Minister concerned.
2 No public is made that part of the report which
a. may harm the unity of the government of Curaçao, Sint Maarten or the Netherlands;
b. may harm the safety of Curaçao, Sint Maarten, or the Netherlands;
c. refers to business or manufacturing data which have been disclosed confidentialto the public authorities;
d. Personal data, unless the provision does not appear to create a breach of personal privacy.
3 Furthermore, the disclosure of the report or parts thereof shall not be required to the extent that the importance of the report does not outweighs the following interests:
a. the relations of Curaçao, Sint Maarten or the Netherlands with other states and with international organizations;
b. the economic or financial interests of Curaçao, Sint Maarten or the Netherlands;
(c) the detection and prosecution of criminal offences;
d. the inspection, control, or supervision by or due to administrative organs;
(e) respect for privacy;
f. The avoidance of disproportionate preference or disadvantage of natural or legal persons.
If the Minister concerned systematically does not comply with the recommendations of the Council, the Council may inform the representative body of the country concerned and the Council of Ministers of the Kingdom of the European Union.
1 The Council shall, before 1 May of each year, report to each country on the state of law enforcement in the light of its work in the previous year.
2 The report on a country referred to in paragraph 1 shall be submitted to the Minister concerned and to the representative body concerned.
1 If the Council is entrusted with an advisory opinion on the handling of complaints as referred to in Article 12 (2) of the EC Treaty, Article 3 (4) , the second to sixth paragraphs of this Article shall apply.
2 The Governing Body referred to in Article 3 (4) , reports to the complainant that the opinion of the Council is sought.
3 The hearing of the complainant and the governing body shall be heard by the Council. The Council may hear it from one of its members.
4 The Council may refrain from hearing if the complaint is manifestly unfounded or if the complainant and the administrative organ have stated that they do not wish to make use of the right to be heard.
5 The Council shall forward a report of findings accompanied by an opinion and any recommendations to the administrative body responsible for assessing the complaint. The report contains the report of hearing.
6 If the conclusions of the Governing Body depart from the opinion, the conclusions shall state the reason for that derogation and the opinion shall be forwarded to the complainant.
1 The costs of the Council shall be reimbursed from a contribution to be made available by the countries.
2 Our Ministers shall determine the amount of the total costs to be reimbursed to the Council.
3 Each of the countries shall bear the costs incurred by the Secretariat specifically for inspection and advice in the country concerned.
4 Our Ministers shall distribute the costs of general support to the Council.
1 The Council shall send to our Ministers an annual plan and a budget for the following year by 1 October each year.
2 The budget shall provide an estimate of income and expenses, an estimate of the planned capital expenditure and an estimate of revenue and expenditure by means of a breakdown of costs, as set out in the Article 35, third and fourth paragraphs .
3 In the annual plan, budget items shall each be provided separately from an explanatory statement. The Council distinguts the work by country.
4 Unless the activities covered by the budget have not been carried out before, the budget shall include a comparison with the budget of the current year and the last approved financial statements.
5 The decision to adopt the annual plan and the budget shall be subject to the approval of our Ministers.
6 Our Ministers shall forward the annual plan to the representative bodies.
1 The Council shall, upon request, communicate to our Ministers the information required for the performance of its task. The Council shall immediately communicate this information, on its own initiative, to our Ministers if there are, or are likely to arise, significant differences between the real and the significant income and charges, or income and expenditure.
2 The Council shall draw up an annual report for the preceding year by 1 April each year.
3 The annual report shall describe the exercise of duties and the policies pursued and shall in any event contain an explanation of the activities carried out and a statement of financial statements.
4 The Council shall forward the annual report to the representative bodies.
5 Account shall be taken of the expenditure, any revenue and the financial management carried out and taken into account in the annual accounts.
6 The decision to determine the annual accounts shall be subject to the approval of Our Ministers.
7 The approval may be withheld because of conflict with law or general interest.
1 The Council shall constitute an equalisation reserve.
2 The difference between the income realised by the Council and the realised expenses of the activities shall be borne by the levelling reserve.
3 The interest received from the levelling reserve shall be added to the levelling reserve.
4 Our Ministers may lay down rules relating to the formation and extent of reserves.
The Council may carry out legal acts governed by private law in so far as they are derived from the annual plan and are covered by the budget of the acts adopted pursuant to Article 36, fifth paragraph , approved budget of the Council.
1 The annual accounts shall be accompanied by a statement of the fidelity issued by an auditor appointed by the Council at the unanimous vote.
2 In the case of the auditor's appointment, the Council shall ensure that our Ministers, on request, are given an insight into the audit work of the auditor.
3 The declaration referred to in paragraph 1 shall also cover the legitimate use of the funds by the Council.
4 The auditor shall also attach to the declaration referred to in paragraph 2 a report of its findings on whether the management and organisation of the Council meets the requirements of efficiency.
The powers of the General Audit Office in the countries shall be extended to the Council. The General Audit Board shall consult each other on the supervision of the Council.
Within five years of the entry into force of this State Law, our Ministers shall send to the representative bodies an evaluation report on the effectiveness and effects of this state law in practice. Prior to the evaluation, the countries will jointly establish the criteria, themes and composition of the evaluation committee.
1 This Law of Law may be amended by mutual agreement under the law on the basis of Article 38, second paragraph, of the Staff Regulations .
2 Following the evaluation, Article 42 , this row of state law may be terminated by mutual agreement.
This Law of Law shall enter into force on a date to be determined by Royal Decree.
This state law is cited as: Reich Law Enforcement Council.
Liabilities and orders to be placed in the Official Gazette and in the Official Journal of the Netherlands Antilles and that all ministries, authorities, colleges and officials, who so concern, will keep their hands on the precise execution.
Entry
' s-Gravenhage, 7 July 2010
Beatrix
The Minister of Justice, the Minister of Home Affairs and the Relations of the Kingdom,
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 that I will never accept or receive any gifts or gifts, however, from any person I know or suspect in any inspection or involvement in which my office operations might be conducted too. come.
So help me God Almighty! /I declare and promise!
On .., it was too ..
-To the point of ...
The above oath/promise made.
The ...
1 ...
2 ...
