incompatible with the office of judge, that is: governor, minister, member of a High Council of State, lawyer and notary.422 For substitute judges, a master’s degree in law is not required and incompatibility rules are less strict.423 Due to the size of the islands, it is not possible to have a permanent judge on smaller islands such as Saba and Sint Eustatius,424 although this is not the case for Curaçao.
Independence (practice) Score: 75 TO WHAT EXTENT DOES THE JUDICIARY OPERATE WITHOUT INTERFERENCE FROM THE GOVERNMENT OR OTHER ACTORS?
Overall, the independence of the judiciary is adequately safeguarded in practice. Although sometimes actors try to interfere or call into question its performance, this has not shown consequences for the behaviour of the judiciary. Judges are appointed by Kingdom Decree at the proposal of the four ministers of justice for reasons of competence. As far as we could determine in this assessment, there are no examples of judges being removed or transferred due to the content of their decisions. In practice it is highly exceptional for judges to be removed before the end of their term. Interviewees stated that, if judges are discredited because of their own conduct, they usually resign. Moreover, in practice it is quite difficult to suspend or dismiss a judge. This has both advantages and disadvantages. The independence is adequately safeguarded, but when somebody is not performing adequately it is also very difficult to dismiss or remove that person. As far as is known, the regulations protecting judges from undue influence are effectively enforced. The independence of the judges has been called into question on a few occasions, but nothing has been proven. Judges from the Netherlands are sometimes accused of being subjective and partial in favour of the Netherlands.425 This reflects how the society is divided over the level of involvement of the Netherlands (see Chapter IV. Country Profile). Opinions differ about the advantages and disadvantages of judges from the Netherlands in Curaçao. Some respondents emphasised the importance of judges from abroad, because they do not have as many ties with the local society and are therefore better able to take a more neutral stance. Other respondents emphasised the importance of local judges, because they are familiar with the culture and the language of the country. A recent example of questioning the independence and expertise of a judge can be illustrated by a case where the media was used as the means. According to a well-known lawyer, the examining judge didn’t respect the defence of the lawyer and the existing regulations.426 The lawyer approached the media and proposed an investigation into the integrity and actions of (a small group of) judges. According to interviewees, the complaints of this lawyer were not supported by other lawyers. The president of the Court of Justice427 and the president of the Bar (Deken van de Orde
422
Ibid, Article 26. Ibid, Article 25.3 424 L.J.J. Rogier, Principles of Caribean Constitutional Law (Beginselen van Caribisch Staatsrecht), (Den Haag: Boom Juridische Uitgevers, 2012), p.187. 425 See ‘Asjes: Judge controlled by The Hague ‘ (Asjes: Rechter aangestuurd door Den Haag), 24 January 2012, via www.versgeperst.com [accessed 7 February 2013]. 426 Lawyer demands investigation Court of Justice, 21 March 2012, via www.dutchcaribbeanlegalportal.com [accessed 27 February 2013]. 427 ‘Joint Court: Statements objectionable ‘(Hof: uitlatingen laakbaar), 22 March 2012, via www.antilliaansdagblad.com, [accessed 26 February 2013]. 423
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NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO