Rechter kan niet ingrijpen in politieke besluitvorming in het Koninkrijk

Het Gerechtshof van Sint-Maarten

De rechtbank van Sint-Maarten heeft vrijdag de Fundashon Pro Soualiga niet-ontvankelijk verklaard in een kort geding tegen de Nederlandse Staat. De organisatie is tegen de plannen van Nederland om in ruil voor coronasteun een Caribische Hervormingsentiteit met verregaande bevoegdheden in te richten.

Pro Soualiga wilde het Statuut, dat de wettelijke basis vormt voor de onderlinge verhoudingen in het Koninkrijk, ongeldig laten verklaren. Dat zou niet in overeenstemming zijn met het recht op zelfbeschikking, zoals bepaald door de Verenigde Naties.

De stichting is niet ontvankelijk in haar eis omdat zij vergeten is haar statuten in te brengen. Bovendien is niet gebleken of zij op het dekolonisatie thema ooit activiteiten heeft ontplooid, waardoor zij belanghebbende is.

Ook heeft de stichting niet voldoende geprobeerd om langs andere weg in overeenstemming te komen met de Nederlandse Staat.

Verder stelt de rechter dat er geen spoedeisend belang is in deze zaak, omdat niet gebleken is dat Sint-Maarten akkoord gaat met een concensus-Rijkswet die de coronasteun op lange termijn gaat regelen. Het formele wetgevingstraject is nog niet begonnen.

Ongelijk

In zijn oordeel stelt het gerecht dat als er toch een beoordeling had gevolgd, de stichting in het ongelijk zou worden gesteld.

In de kern wil de stichting de Nederlandse Staat verbieden het conceptvoorstel van een nieuwe Rijkswet tot stand te brengen. Maar dat is geen zaak voor de rechter.

Niet ingrijpen

Rijkswetten worden vastgesteld door de regering van het Koninkrijk en de Staten-Generaal gezamenlijk en is afhankelijk van politieke besluitvorming en afweging van de daarbij betrokken belangen. De rechter mag niet ingrijpen in deze procedure van politieke besluitvorming.

Bovendien gaat het hier om een consensus Rijkswet, waarbij alle deelnemende landen met het wetsvoorstel moeten instemmen. Dat betekent dus dat ook de regeringen van de landen, democratisch gecontroleerd door de Staten van die landen, op grond van politieke besluitvorming en afweging van de betrokken belangen de vraag moeten beantwoorden of die tot stand moet worden gebracht en zo ja, welke inhoud ze moet hebben. Ook daarin mag de rechter niet ingrijpen, aldus het Gerecht.


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