prime minister argued that, ‘because of the outgoing status of the cabinet’, ‘no importance can be attached to the lack of confidence of a majority’, and underscored the fact that there was no ‘cabinet crisis’.181 Nevertheless, almost two months after the outgoing cabinet handed in its resignation, and some three weeks after the parliamentary majority had formally expressed its vote of no confidence, the five political groups who represented a majority of 12 seats agreed on an interim cabinet. On that same day, the outgoing cabinet was dismissed and the new interim cabinet installed. 182
Governance Transparency (law) Score: 50 TO WHAT EXTENT ARE THERE PROVISIONS IN PLACE TO ENSURE THAT THE PUBLIC CAN OBTAIN RELEVANT AND TIMELY INFORMATION ON THE ACTIVITIES AND DECISION-MAKING PROCESSES OF THE LEGISLATURE?
There are several provisions to ensure transparency of Parliament’s activities and decisions, such as the requirement to announce and report on public sessions in a timely manner. However, the possibility to convene behind closed doors is not clearly restricted, and Parliament may prohibit individuals from entering its building. Also, there are almost no formal provisions to provide for publication of parliamentary documents. The Constitution states that Parliament’s plenary sessions and, since 1994, sessions of the Central Committee are open to the public.183 However, Parliament may vote – by qualified majority – to hold a closed session. The Central Committee may do so as well and only requires a regular majority to do so. There are no restrictions on the type of decisions allowed in closed plenary sessions.184 Moreover, although public sessions are indeed public, the new Rules of Procedure now include the possibility for the president to deny access to one or more people to Parliament’s building if a majority of Parliament so requests, stating serious reasons. If necessary, the president may deny access using the police force (sterke arm).185 Sessions open to the public are also allowed to be broadcast by both radio and television, and freely accessible to journalists.186 The agendas of these public sessions are to be made public at least four days prior to the session, except in urgent matters.187 Minutes and verbatim records are
181
Letter from prime minister Government of Curaçao, Gerrit F. Schotte, to the governor of Curaçao, Mr. F. Goedgedrag, Intention to form an interim cabinet (Voornemen tot vorming interim cabinet), 25 September 2012. 182 ‘Press notice Cabinet of the Governor of Curaçao. Final report formateur’ (Persbericht Kabinet van de Gouverneur van Curaçao. Eindverslag formateur), 29 September 2012. 183
Constitution, Article 55. Also Rules of Procedure, Article 34. Ibid. Compare with Islands regulation Netherlands Antilles (Eilandenregeling Nederlandse Antillen), Article 36.1 and Rules of Procedure Parliament of the Netherlands Antilles1994 (Beschikking van 20 maart 1987 van de Staten van de Nederlandse Antillen houdende vaststelling van een nieuw Reglement van Orde van de Staten van de Nederlandse Antillen, Publicatieblad Nederlandse Antillen 1987, No.61, zoals laatstelijk gewijzigd op 11 oktober 1994), Country Gazette 1994, No.123, Article 17. 185 Rules of Procedure, Article 78. The explanatory memorandum refers to a case in 2008, when a Dutch member of Parliament was denied access to the Parliament of the Netherlands Antilles. 186 See also Rules of Procedure, explanatory memorandum to Article 34. 187 Ibid., Article 64. 184
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NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO