found in some articles in the ordinance further detailing its structure, composition and powers.851 Also, ARC can carry out its audits in accordance with a self-determined programme and methods. The law only stipulates what type of research ARC is to do, but does not require ARC to have its agenda approved. ARC establishes its own rules of procedure, and its president supervises its activities. Parliament may request ARC to conduct specific investigations, but ARC decides whether or not to comply with such a request.852 ARC’s board members are appointed by Kingdom Decree each chosen from a binding proposal of two candidates selected by Parliament. To create extra safeguards for independence, Parliament in turn is to choose from a list of three candidates drawn up by ARC itself.853 There are, however, no specific regulations stipulating that recruitment to the board is to be based on clear professional criteria. With the change in constitutional relations, members of the board can no longer be appointed for life and are now, similar to other High Councils of State, appointed for a fixed term of office, in case of ARC for five years. They can, however, be reappointed immediately, and may serve multiple consecutive terms.854 Members of the board can only be suspended or dismissed by the Court of Justice.855 The law lists some instances which will automatically result in dismissal, such as a criminal conviction and certain (but not all856) family ties. Others, such as ‘misconduct’, leave more room for discretion, although in those cases dismissal does require the Council of State and Parliament to be heard on the issue.857 Some additional provisions further underscore the importance of ARC’s objectiveness. Among other things, the board and Secretary cannot take on other public office with any kind of financial compensation attached to it858 or any position that is otherwise undesirable in view of the proper fulfilment of their position or for maintaining their impartiality and independence and trust therein. 859 Similar provisions on additional functions and activities are in place for personnel.860 In addition, the board members, secretary and personnel are not allowed to have any financial interest in state activities, and if they do, this is considered to be a criminal offence to be punished as such. 861 There are no explicit restrictions on political activities, and board and staff members are not required to make their additional functions, if any, public.862 SOAB is a public foundation which can adapt its own charter and enjoys considerable independence as the administration’s internal auditor. Thus, for example, only the supervisory board’s chair is appointed by country decree, and only at the proposal of the supervisory board of at least two candidates. Other members are appointed by co-option. Appointments to the supervisory board are for four years, and may be extended twice, each for four years. 863 They can only be suspended or dismissed by a qualified majority of the supervisory board itself and, in case of a civil law procedure, on request of stakeholders such as government or the public prosecutor, including in the case of 851
Constitution, Articles 68 and 70 and, for example, Country ordinance Court of Audit, Articles 7 and 49 and the explanatory memorandum. Also refer to country ordinance Government accounts 2010. Cf. ARC, October 2012a: 3. 852 Country ordinance Court of Audit, Articles 13, 14 and 30. 853 Constitution, Articles 69 and 34; Country ordinance Court of Audit, Article 3. Also refer to ARNA, Report on activities during the years 2007 and 2008 (Verslag van de werkzaamheden gedurende de jaren 2007 en 2008) (Curaçao: ARNA, July 2009), p.24. 854 Country ordinance Court of Audit, Article 3 and explanatory memorandum. Also refer to ARC, October 2012a: 22. 855 Constitution, Article 69. Note, however, that at the moment, there is a discrepancy with the country ordinance which refers to the Governor. This has been brought to the attention of the relevant parties. 856 Country ordinance Court of Audit, Article 6 allows for ties of relationship to the second degree to be declared compatible by country decree. 857 Ibid, Article 10. 858 Ibid, Article 7. For the Board, also refer to articles in the Constitution and the Kingdom Act, Article 3. 859 Country ordinance Court of Audit, Article 7. 860 Court of Audit’s Staff Regulations, as consulted at the Court of Audit on 13 May 2013. 861 Ibid, Articles 11 and 50. But compare Article 10. 862 General civil servant regulations do not apply, because neither the members of the board nor the employees of ARC, whose contracts are based on civil law, fall within the scope of the country ordinance Legal and material rights and obligations of civil servants (cf. Articles 1.3.a and 2.1f). 863 Charter SOAB, Article 10. 144
NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO