Presentation anniversary advice Advisory Council 1986-2026
ORANJESTAD - On the occasion of its 40th anniversary, the Advisory Council issued an Anniversary Advisory titled Fundamental Rights and Freedoms, the Rule of Law and the Soundness of Governance, a retrospective of 40 Years of Advice through the lens of Article 43 of the Constitution.
The Governor was to receive this advice from the Chairman and the Secretary of the Board on the 8th of October.
As an independent advisor and collaborator, the Council has been involved over the past 40 years in the creation of important legislation that has made great strides in the growth of our autonomous responsibility. However, the Council has also witnessed processes that have stalled over the years for a variety of reasons. Viewed from a long-term perspective, the Council signals a number of developments that concern it as a legislative adviser to government and Parliament. These developments relate to regulations for the safeguarding of fundamental human rights and freedoms, legal certainty and sound governance and are thus directly or indirectly related to Article 43 of the Statute for the Kingdom of the Netherlands.
In the anniversary opinion, the Council reflects on its own advice in staying silent on this crucial article of the Statute. The first part discussed a number of opinions where fundamental rights and freedoms were at stake. Then, the second part offers some suggestions that can be related to legal certainty and sound governance. They argued that all these principles are inextricably linked and that no strict separation is possible. The red thread here is whether the realization of these foundations has been sufficiently guiding in the development and implementation of legislation and policy. The Jubilee Advice concludes with some conclusions and recommendations.
The Jubilee Advice 1986-2026 can be found on the Council's website www.rva.aw.