Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba
November 11, 2023
The Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba[1] (Dutch: Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba) serves the three Caribbean countries of the Kingdom of the Netherlands (Aruba, Curaçao, and Sint Maarten) and the three Caribbean special municipalities of the Netherlands (Bonaire, Sint Eustatius, and Saba).[2] The court primarily hears disputes in first instance and on appeal of these six islands, and is on the same level as similar courts in the Netherlands. Since 2012, the court has also been authorized to hear inquiry procedures originated on Curaçao, of a type that would be heard in the Netherlands by the Enterprise Chamber in Amsterdam.
The Court has seats in courthouses located on Aruba, Curaçao, and Sint Maarten, and also is authorized to hold sessions on Bonaire, Sint Eustatius and Saba.[3] Until the dissolution of the Netherlands Antilles, 2010, it was called the Joint Court of Justice of the Netherlands Antilles and Aruba.
The Joint Court includes four courts of first instance, which have session on 6 regular Court locations. Appeals are heard in 3 locations, but may also be heard on the remaining 3 islands. An overview of court locations is shown below
Court
Instance
Main location
court abbreviation
comment
Aruba
"1st Instance of Aruba" and "Joint Court of Appeal"
Oranjestad, Aruba
OGEAA, OGHACMB
Bonaire, Sint Eustatius and Saba
"1st Instance of Bonaire, Sint Eustatius and Saba"
Kralendijk, Bonaire
OGEABES
Curaçao
"1st Instance of Curaçao" and "Joint Court of Appeal"
Willemstad, Curaçao
OGEAC, OGHACMB (appeal)
Saba
"1st Instance of Bonaire, Sint Eustatius and Saba"
The Bottom, Saba
OGEABES
once per month
Sint Eustatius
"1st Instance of Bonaire, Sint Eustatius and Saba"
Oranjestad, Sint Eustatius
OGEABES
once per month
Sint Maarten
"1st Instance of Sint Maarten" and "Joint Court of Appeal"
Philipsburg, Sint Maarten
OGEAS, OGHACMB (appeal)
Compositionedit
Judges for both first instance cases and on appeal are taken from a single pool of judges. The Courts of first instance sit as a single judge, while the appeal session are headed by a 3-judge panel. Judges that took part in a case at the lower level may not participate in the same case on appeal.
Right of appealedit
Most decisions of the court of appeal may be appealed "in cassatie" to the Supreme Court of the Netherlands in The Hague. Decisions of the Supreme Court are final and do not address the facts of the case, but only points of law: whether the decision was based on the right legal grounds and properly motivated. The legal basis for those appeals is the Regulation of 20 July 1961, Stb. 1961, 212, titled the "Cassatieregeling Nederlandse Antillen" ("Appeals Regulations of the Netherlands Antilles"), later renamed "Cassatieregeling Nederlandse Antillen en Aruba".
One distinction between the appeals procedure in the Netherlands and that of the Caribbean territories is that when a judgment of a Netherlands court is overturned by the Supreme Court, the case is generally remanded to a different court at the lower level for purposes of rendering a new decision. Because the Joint Court is the only court at its level, it will rehear its own cases after being overruled. Another distinction is that clients may be represented by lawyers of the Caribbean islands, rather than lawyers registered with the court of The Hague.
^Eerstekamer.nl - Rijkswet Gemeenschappelijk Hof van Justitie
^. Archived from the original on 2010-09-21. Retrieved 2008-03-21.
^Article 15, Rijkswet Gemeenschappelijk Hof van Justitie.
External linksedit
Official website (Dutch)
Official website (English)
November 11, 2023
joint, court, justice, aruba, curaçao, sint, maarten, bonaire, sint, eustatius, saba, dutch, gemeenschappelijk, justitie, aruba, curaçao, sint, maarten, bonaire, sint, eustatius, saba, serves, three, caribbean, countries, kingdom, netherlands, aruba, curaçao, . The Joint Court of Justice of Aruba Curacao Sint Maarten and of Bonaire Sint Eustatius and Saba 1 Dutch Gemeenschappelijk Hof van Justitie van Aruba Curacao Sint Maarten en van Bonaire Sint Eustatius en Saba serves the three Caribbean countries of the Kingdom of the Netherlands Aruba Curacao and Sint Maarten and the three Caribbean special municipalities of the Netherlands Bonaire Sint Eustatius and Saba 2 The court primarily hears disputes in first instance and on appeal of these six islands and is on the same level as similar courts in the Netherlands Since 2012 the court has also been authorized to hear inquiry procedures originated on Curacao of a type that would be heard in the Netherlands by the Enterprise Chamber in Amsterdam The Court has seats in courthouses located on Aruba Curacao and Sint Maarten and also is authorized to hold sessions on Bonaire Sint Eustatius and Saba 3 Until the dissolution of the Netherlands Antilles 2010 it was called the Joint Court of Justice of the Netherlands Antilles and Aruba Contents 1 Court locations 2 Composition 3 Right of appeal 4 See also 5 References 6 External linksCourt locations editThe Joint Court includes four courts of first instance which have session on 6 regular Court locations Appeals are heard in 3 locations but may also be heard on the remaining 3 islands An overview of court locations is shown below Court Instance Main location court abbreviation commentAruba 1st Instance of Aruba and Joint Court of Appeal Oranjestad Aruba OGEAA OGHACMBBonaire Sint Eustatius and Saba 1st Instance of Bonaire Sint Eustatius and Saba Kralendijk Bonaire OGEABESCuracao 1st Instance of Curacao and Joint Court of Appeal Willemstad Curacao OGEAC OGHACMB appeal Saba 1st Instance of Bonaire Sint Eustatius and Saba The Bottom Saba OGEABES once per monthSint Eustatius 1st Instance of Bonaire Sint Eustatius and Saba Oranjestad Sint Eustatius OGEABES once per monthSint Maarten 1st Instance of Sint Maarten and Joint Court of Appeal Philipsburg Sint Maarten OGEAS OGHACMB appeal Composition editJudges for both first instance cases and on appeal are taken from a single pool of judges The Courts of first instance sit as a single judge while the appeal session are headed by a 3 judge panel Judges that took part in a case at the lower level may not participate in the same case on appeal Right of appeal editMost decisions of the court of appeal may be appealed in cassatie to the Supreme Court of the Netherlands in The Hague Decisions of the Supreme Court are final and do not address the facts of the case but only points of law whether the decision was based on the right legal grounds and properly motivated The legal basis for those appeals is the Regulation of 20 July 1961 Stb 1961 212 titled the Cassatieregeling Nederlandse Antillen Appeals Regulations of the Netherlands Antilles later renamed Cassatieregeling Nederlandse Antillen en Aruba One distinction between the appeals procedure in the Netherlands and that of the Caribbean territories is that when a judgment of a Netherlands court is overturned by the Supreme Court the case is generally remanded to a different court at the lower level for purposes of rendering a new decision Because the Joint Court is the only court at its level it will rehear its own cases after being overruled Another distinction is that clients may be represented by lawyers of the Caribbean islands rather than lawyers registered with the court of The Hague See also editConstitutional Court of Sint MaartenReferences edit Eerstekamer nl Rijkswet Gemeenschappelijk Hof van Justitie Rechtspraak nl Nederlandse Antillen en Aruba Archived from the original on 2010 09 21 Retrieved 2008 03 21 Article 15 Rijkswet Gemeenschappelijk Hof van Justitie External links editOfficial website Dutch Official website English Retrieved from https en wikipedia org w index php title Joint Court of Justice of Aruba Curacao Sint Maarten and of Bonaire Sint Eustatius and Saba amp oldid 1149635574, wikipedia, wiki, book, books, library,
