The Law of October 28th, 1954, entailing the acceptance of a Charter for the Kingdom of
the Netherlands (Official Gazette 1954, No. 503) as amended.
We JULIANA, by the Grace of God, Queen of the Netherlands, Princess of Orange-
Nassau, etc etc etc
All, who would hear or read this, salutations, and we hereby state:
Being that We have considered that the acceptance by the Netherlands of the results of
the consultations, based on article 215 of the Constitution, required a law as meant in
article 218 of the Constitution;
Therefore We: having heard the State Council and in mutual consultation with the States
General, have agreed and understood, as we hereby approve and understand:
Sole Article: The Statutes of the Kingdom of the Netherlands, as is attached to this law,
is approved.
Command and order, that said Statutes be placed in the Official Gazette and that all
Ministerial Departments, Authorities, Colleges and Civil Servants, who are herewith
concerned, to uphold the precise execution thereof.
Handed down at the Palace in Soestdijk
On October 28th, 1954
JULIANA
Issued on November twenty-third, 1954
The Minister of Justice
L.A. Donker
Statutes, articles 1-4
KINGDOM CHARTER OF THE NETHERLANDSPreamble
The Netherlands, the Netherlands Antilles and Aruba, considering that they, of their own
free will, have stated that they accept a new constitutional order for the Kingdom of the
Netherlands, in which they will, autonomously handle their internal affairs, and, on a
basis of equality, handle the common interests and render assistance to each other, have
decided in mutual consultation, to establish the Charter for Kingdom of the Netherlands
as follows.
§ 1. General Stipulations
Art. 1.
The Crown of the Kingdom is worn in heritage by Her Majesty Juliana, Princessof Orange-Nassau and by succession, by Her lawful successors.
Art. 2.1The King governs the reigns over the Kingdom and over each of the countries.
He is immune, the Ministers are responsible.
2. The King is represented in the Netherlands Antilles and in Aruba by the Governor.
The competencies, duties and responsibilities of the Governor, as representative of the
Kingdom Government, are regulated by Kingdom Law or in cases designated therefore,
by royal administrative decree.
3. The Kingdom Government regulates matters regarding the appointment and dismissal
of the Governor. Said appointment and dismissal are done by the King as head of the
Kingdom.
Art. 3.1 Without prejudice to what is established elsewhere in the Charter, Kingdom
affairs will include:
a. safeguarding the independence and the defence of the Kingdom;
b. foreign relations;
c. Dutch nationality;
d. regulating knighthood, the flag and the coat of arms of the Kingdom;
e. regulating the nationality of ships and the establishment of standards regarding the
safety and navigation of ships sailing under the Kingdom flag, with the exception of
sail boats;
f. supervision of the general rules and regulations regarding admission and expulsion of
Dutch nationalities;
g. establishing the general conditions for admission and expulsion of foreign nationals;
h. extradition.
2. In mutual consultation, other matters may be considered kingdom affairs.
Article 55 is thereby applicable accordingly.
Art. 4.1 In Kingdom related matters, Royal Power is wielded by the King as head of the
Kingdom.
2. Legislative power, with regard to the Kingdom, is executed by the Legislative body of
the Kingdom. Draft Kingdom laws will be handled with the observation of articles 15, up
to and including, article 21.
Art. 5.1 Royalty and the succession to the throne, the Kingdom bodies mentioned in the
Charter and exercising Royal and legislative powers in kingdom related matters,
are regulated in the Constitution, in as far as such are not regulated in this Charter.
2. The Constitution will observe the stipulations of the Kingdom Charter.
3. Articles 15 through 20 are applicable to a proposal to change the Constitution,
containing rules and regulations regarding Kingdom matters, as well as to the draft law,
stating that grounds exist to consider such a proposal.
§2. Handling of Kingdom related matters
Art. 6.1 Kingdom related matters are handled by the Netherlands, the Netherlands
Antilles and Aruba, according to the following stipulations.
2. When handling said matters the government bodies of the countries concerned will be
called in where possible.
Art. 7. The Kingdom Council of Ministers consists of Ministers appointed by the King
and the respective Plenipotentiary Ministers appointed by the governments of the
Netherlands Antilles and Aruba.
Art. 8.1 The Plenipotentiary Ministers will act on behalf of the government of their
respective countries, which governments appoint and dismisses them. They must be of
the Dutch nationality.
2. The government of the country concerned decides who substitutes for the
Plenipotentiary Minister if he is absent or unable to carry out his duties. The stipulations
in the Kingdom Charter regarding the Plenipotentiary Minister are also applicable to his
substitute.
Art. 9.1 Before taking up his position, the Plenipotentiary Minister will pledge the oath
of allegiance to the King and to the Kingdom Charter before the Governor.
The formulation of the oath will be established by royal administrative decree.
2. When residing in the Netherlands the Plenipotentiary Minister will pledge this
allegiance before the King.
Art. 10.1 The Plenipotentiary Minister will take part in those discussions in meetings of
the Council of Ministers and the permanent boards and special committees of the council,
regarding Kingdom matters affecting his respective country.
2. The governments of the Netherlands Antilles and Aruba each have the right to also
appoint a minister with an advisory vote, besides the Plenipotentiary Minister, to sit in the
meetings mentioned above, if a particular subject gives them cause to do so.
Art. 11.1
Proposals to change the Kingdom Charter, containing stipulations regarding
Kingdom matters, concern the Netherlands Antilles and Aruba.
2. With regard to defence, it is assumed that that the defence of the countries of the
Netherlands Antilles and Aruba, and treaties or agreements pertaining to an area
belonging to their sphere of interest, affect the Netherlands Antilles and Aruba.
3. With regard to foreign relations it is assumed, that when the interests of the
Netherlands Antilles and Aruba, are especially involved, or when the provisions therein
could have important consequences for said interests, said foreign relations affect
Netherlands Antilles and Aruba.
4. Establishing the contribution in the cost, as meant in article 35, affects the Netherlands
Antilles and Aruba.
5. Proposals for naturalization are assumed to affect the Netherlands Antilles and Aruba
only when the petitioners live in those countries.
6. The governments the Netherlands Antilles and Aruba can indicate which kingdom
matters, besides those given in section one through section four, concern their respective
countries.
Art. 12.1 If the Plenipotentiary Minister of the Netherlands Antilles or Aruba, indicating
the grounds on which he expects his country to be seriously damaged, states that his
country can not be committed to a proposed provision with generally binding regulations,
then that regulation cannot be enacted in the sense that it would be applicable in said
country, unless the fact that the country forms part of the Kingdom opposes this.
2 If the Plenipotentiary Minister of the Netherlands Antilles or Aruba, has serious
objections to the first decision taken by the Council of Ministers regarding the required
commitment meant in the former paragraph, or against any other matter handled in his
presence, then the consultation will be continued upon his request, eventually within the
term established therefore by the Council of Ministers.
3. The consultations mentioned in the former paragraph will then take place between the
Prime Minister, two Ministers, the Plenipotentiary Minister and a Minister or special
representative appointed by the Government concerned.
4. If both Plenipotentiary Ministers wish to take part in the continued consultations, then
said consultations will take place between the Prime Minister, two Ministers and both
Plenipotentiary Ministers. The second section of article 10 is then applicable accordingly.
5. The decision of the Council of Ministers will be in accordance with the results of the
extended consultations. If the opportunity to extend the consultations is not used within
the established period of time, then the Council of Ministers will determine their opinion.
Art. 13.1. There is a States Council of the Kingdom
2. If the Governments of the Netherlands Antilles and or Aruba, express that desire, the
King will appoint a member for the Netherlands Antilles and Aruba in the Kingdom
States Council. Said member will be appointed in consultation with the Government of
the country concerned. He is dismissed after consultations with the respective
government.
3. The State Council Netherlands Antilles and Aruba, participates in the workings of the
State Council, if the Council, or a department of the Council, is being heard on draft
Kingdom Laws and royal administrative decrees, which will be valid in the Netherlands
Antilles, respectively, or on other matters which, in accordance with article 11, would
affect the Netherlands Antilles and Aruba.
4. Royal administrative decrees regarding the mentioned State Councillors, may contain
provisions which may deviate from the stipulations of the Law of December 21st, 1861
(O.G. 129)
Art. 14 1. Provisions regarding Kingdom affairs will be regulated by Kingdom law or, in
certain cases, by royal administrative decree, in as far as these are not regulated in the
Constitution, or by international agreement, or the provisions mentioned in paragraph 3
of this article.
The Kingdom law or royal administrative decree may leave the detailing to other bodies.
In the different countries, this will be executed by the legislative body or by the
government.
2. If the provision is not the sole competence of the a Kingdom law, it may be regulated
by royal administrative decree.
3. Provisions for Kingdom matters which are neither applicable in the Netherlands
Antilles nor in Aruba will be regulated by kingdom law or royal administrative decree.
4. The naturalization of persons, who are residing in the Netherlands Antilles or Aruba is
done by Kingdom Law.
Art. 15.1. The King sends a draft Kingdom Law to the representatives of the
governments of the Netherlands Antilles and Aruba at the same time as he submits said
draft Kingdom to the States-General.
2. If the proposal for a draft kingdom law is made by the States-General, then said
proposal is submitted by the Chamber before it is handled in the different committees.
3. The Minister Plenipotentiary of the Netherlands Antilles and the plenipotentiary
Minister of Aruba, are authorised to make a proposal to the second Chamber to initiate
the submission of proposals for draft Kingdom laws.
Art. 16. The representative body of the country, in which the regulation will be applied,
is authorized to research this law before it is handled publicly in the Second Chamber,
and if necessary, to submit a written report on it within a determined period of time.
Art. 17.1. The Plenipotentiary Minister of the country in which the regulation will be
valid, gets the opportunity to attend the debate of the draft Kingdom law and to give the
members of the Chambers information which he deems necessary.
2. The representative body of the country in which the regulation will apply may decide
to appoint one or more special delegates to attend the handling of the draft Kingdom law
in de States-General, who will also be authorized to attend the debates and provide
information.
3. The Plenipotentiary Ministers and the special delegates are authorized to propose
amendments to the draft law and they will have immunity from any legal action for
statements made by them, or submitted by them in writing, in the Chambers of the States
General.
4. The Plenipotentiary Ministers and the special delegates are authorized to propose
amendments to a draft Kingdom law.
Art. 18.1. Before the final vote is taken in the Chambers of the States General on any
draft Kingdom law, the Plenipotentiary Minister of the country in which the law will be
applicable, will be given the opportunity to express his opinion regarding the draft in
question. If the Plenipotentiary Minister Objects to the draft law, he may also ask the
Chamber to postpone the voting until the following meeting. If, after the Plenipotentiary
Minister has voiced his objection to the draft, it is adopted by the Second Chamber with a
majority of less than three fifths of the amounts of votes cast, then the debate will be
suspended and further consultations on the draft will be held in the Council of Ministers.
2. Whenever special delegates are present at meetings in the Chambers, the delegate
designated thereto by the representative body, will have the authorization mentioned in
the former paragraph.
Article 19. Articles 17 and 18 are applicable accordingly to the joint meeting of the
States General.
20. Further regulations may be established by Kingdom law with regards to the
provisions of articles 15 up to, and including article 19.
21. If, after having consulted the Plenipotentiary Ministers of the Netherlands Antilles
and Aruba, in case of war or in other special cases, in which immediate action is
warranted, the King is of the opinion that it is impossible to wait for the results of the
investigation meant in article 16, then he may deviate from the provision in that article.
Art. 22 1. The Kingdom Government is charged with the publication of the Kingdom
laws and ordinances. In the country where they will be applied, said laws and ordinances
will be published in the Official Gazette. The government of said countries will lend their
cooperation thereto.
2. Kingdom laws and royal administrative decrees go into effect on the dates mentioned
therein or pursuant thereto.
3. The terms for the publication of Kingdom laws and royal administrative decrees will
include a statement indicating that the provisions of the Kingdom Charter have been
observed.
Art. 23.1. The judicial power of the Supreme Court of the Netherlands regarding legal
matters in the Netherlands Antilles and Aruba will be regulated by Kingdom law. Upon
the request of the country concerned, these Kingdom laws will create the possibility for
appointing an additional member, extraordinary member or an advisory member to said
Court.
Article 24.1. Agreements with other foreign powers and with international
organizations which affect and the Netherlands Antilles and Aruba, will be submitted
simultaneously to the States General and to the representative body of the Netherlands
Antilles and Aruba.
2. If an international treaty is given to the States General for silent approval, the
Plenipotentiary Ministers may indicate, within a certain period of time to be observed by
the Chambers of the States General in accordance with the Constitution, their wish to
have the decision subjected to the emphatic approval of the States General.
3. The preceding paragraphs are equally applicable to the termination of international
treaties. The first paragraph is applicable, provided that the intention to terminate the
agreement is communicated to the representative bodies of the Netherlands Antilles and
Aruba.
Article 25. 1. The King does not bind the Netherlands Antilles or Aruba to international
economic and financial treaties, if the government of the respective country has indicated
that it does not wish to be bound, mentioning the reasons why it thinks that being bound
to the agreements would be detrimental to the country.
2. The King does not terminate the treaties, with regard to the Netherlands Antilles and
Aruba, if the government of the country concerned, indicates that it does not wish to have
the agreement terminated, mentioning the reasons why it thinks that termination would be
detrimental to the country. However, termination may still take place if the exclusion of
the country concerned would be incompatible with the provisions of the agreement.
Article 26. If the governments of the Netherlands Antilles and Aruba indicate their wish
to enter into an economical or financial treaty, applicable only to the country concerned,
then the Kingdom will cooperate with such an agreement, unless such would be
inconsistent with the partnership of that country in the Kingdom.
Article 27. The Netherlands Antilles and Aruba will be consulted in the preparations for
treaties with other foreign powers, which affect them in accordance with article 11.
They will also be consulted on the execution of treaties which affect them or which are
binding to them.
Article 28. Based on international treaties entered into by the Kingdom, the Netherlands
Antilles and Aruba, if they so desire, may become members of international
organizations.
Article 29.1.
Concluding or guaranteeing monetary loans outside the Kingdom for the
account of, or on behalf of, the Netherlands Antilles and Aruba, will take place in
consultation with the Kingdom Government.
2. The Council of Ministers will concur with the conclusion or the guarantee of said
monetary loans, unless they are contrary to the interests of the Kingdom.
Article 30.1. The Netherlands Antilles and Aruba will provide such help and assistance
to the armed forces stationed in their territories, as is necessary for them to perform their
duties.
Article 30.1. The Netherlands Antilles and Aruba will provide such help and assistance
to the armed forces stationed in their territories, as is necessary for them to perform their
duties.
2. Laws may be enacted in the respective countries to ensure that the armed forces of the
Kingdom, stationed in the Netherlands Antilles or Aruba, are able to perform their tasks.
31.1. Persons residing in the Netherlands Antilles or Aruba cannot be compelled to serve
in the armed forces or to perform compulsory civil duty, other than by the laws of those
respective countries.
2. The country regulations of the respective countries may determine that persons
serving in the armed forces may not be sent elsewhere without their approval, other that
pursuant to the laws of the country concerned.
Article 32. The armed forces for the defence of the Netherlands Antilles and Aruba will
consist mainly of persons residing in those respective countries.
Article 33.1. Requisitioning ownership and use of property, restricting ownership use
and rights, requisitioning services and billeting will not take place other than by general
legislation to be enacted by Kingdom law, which will also contain provisions for
compensation.
2. Where possible, said Kingdom law will entrust the governments of the countries
concerned with detailing the regulations.
Article 34. 1. In order to maintain external or internal security, in case of war or a threat
of war, or in case a threat to or the disturbance of the internal peace and order can
Substantially affect the interests of the Kingdom, the King may declare each part of the
territory to be in a state of war or a state of siege.
2. The manner in which such a declaration will be made and the regulation of its
consequences are established by, or in accordance, with a Kingdom regulation.
3. This regulation may determine that the powers of civil authorities with respect to
public order, and those of the police, will be transferred completely or partially to other
civil or military authorities and the manner in which this is to take place, and that in such
a case, the civil authorities are subordinate to the military authorities. Whenever possible,
the government of the country concerned will be consulted with regard to the transfer of
powers. Such a law may deviate from the stipulations regarding the freedom of press, the
right of meeting and assembly, as well as from those relating to the inviolability of
domicile and the secrecy of mail.
4. In the event of war, in the territory placed under siege, military penal law and military
criminal proceedings will be applied completely or partially, to every person.
Art 35.1. The Netherlands Antilles and Aruba contribute in the costs connected to the
maintenance and the defence of the Kingdom, in relation to their resources, and also in
the costs connected to taking care of other Kingdom matters, in as far as such is in the
interest of the Netherlands Antilles and Aruba.
2. The contribution by the Netherlands Antilles and Aruba, meant in the first paragraph,
is established by the Council of Ministers for a fiscal year or for any amount of
consecutive fiscal years.
Article 12 is applicable accordingly, with the understanding that decisions are taken
unanimously.
3. If the establishment of the contributions meant in the second section did not take place
on time, the contributions established for the previous fiscal year in accordance with said
paragraph, will apply for a period not exceeding a fiscal year.
4. The foregoing paragraphs are not applicable to costs for matters for which special
provisions have been made.
§ 3 Mutual Assistance, Consultation and Co-operation.
Art. 36. The Netherlands, the Netherlands Antilles and Aruba aid and assist each other.
Art. 36a. 1. The Netherlands, The Netherlands Antilles and Aruba participate in a fund
for the maintenance of an adequate governing level in the island territories of Bonaire,
Saba, Sint Eustatius in the Netherlands Antilles
2. This fund will be instituted by Kingdom Law.
Art. 37. 1. The Netherlands, the Netherlands Antilles and Aruba will consult each other
as much as possible on matters regarding the interests of the countries or of two of the
countries.
Special representatives may be appointed and common bodies instituted.
2. Matters referred to in this article are among others:
a. the promotion of cultural and social relations between the countries;
b. the promotion of effective economic, financial and monetary relations between the
countries;
c. questions of coinage, currency, bank and foreign exchange policies..
d. the promotion of economic strength through mutual aid and assistance by the
the countries;
e. professional and corporate business by Dutch nationals in the countries;
f. matters pertaining to aviation, including the policy regarding non-regulated air
transportation;
g. matters relating to shipping;
h. cooperation in the area of telegraphy, telephony and radio communications
Art. 38. 1. The Netherlands, the Netherlands Antilles and Aruba may enter into mutual
agreements.
2. It may be agreed in mutual consultation that such agreements and amendments thereto
will be established by Kingdom law or by royal administrative decree.
3. Matters of international or regional private or penal law may be regulated by Kingdom
law, provided that the governments of the countries concerned agree to the stipulations
thereof.
4. The change of domicile of legal persons is regulated by Kingdom law. Such
provisions require the agreement of the governments of the countries.
Art. 39. 1. Civil and commercial law, civil procedures, penal law, penal procedures,
copyright, industrial property, the notarial function as well as previous regarding weights
and measures are regulated, as much as possible, in the same way in the Netherlands, the
Netherlands Antilles and Aruba.
2. Any proposal regarding a drastic amendment of the existing laws regarding these
matters will not be submitted to, or taken into consideration by a representative body,
before the governments in the other countries have had the opportunity to express their
opinion on the matter.
Article 40. Judgements of Courts in the Netherlands, the Netherlands Antilles and
Aruba and orders given by them, as well as authenticated copies of acts issued by them,
may be enforced throughout the entire Kingdom, with due observance of the of the laws
of the country where the enforcement is executed.
§ 4. The Constitutional Organization of the Countries
Article 41. 1. The Netherlands, the Netherlands Antilles and Aruba will manage their
internal affairs autonomously.
2. Kingdom interests are a matter of common concern for the countries.
Article 42. 1. Within the Kingdom, the constitutional organization of the Netherlands is
established in the Constitution, that of the Netherlands Antilles in the Regulations for the
Islands of the Netherlands Antilles and that of Aruba in the Island Regulations for Aruba.
2. Regulations for the Islands of the Netherlands Antilles and those for the island of
Aruba are established by federal resolution and island resolution, respectively. Each
proposal for amendment to the Island Regulations will specify the proposed amendment
in detail. The representing bodies may only adopt the draft of such an amendment with
two thirds of the valid votes cast.
Article 43. 1. Each of the countries will ensure the observance of the fundamental human
rights and freedoms, the rule of law and the integrity of administration
2. The guarantee of these rights, freedoms, the rule of law and integrity of administration
are Kingdom matters.
Article 44.1. An ordinance to amend the Island Regulations will be submitted to the
Kingdom Government in matters relating to:
a. articles regulating fundamental human rights and freedoms;
b. stipulations relating to the powers of the Governor
c. stipulations regarding the powers of the representative bodies of the countries
concerned
d. articles relating to the administration of justice as it is presently understood in the
Island Regulations. Such regulations will not become law until they have been ratified by
the Kingdom Government.
2. The provision of the first paragraph are also applicable to the federal ordinance to
change the Regulations for the Islands of the Netherlands Antilles regarding the division
of seats in the in the representative body of the different islands of the Netherlands
Antilles, and to the regulations of the island territories.
3. A draft federal ordinance regarding the aforementioned stipulations will only be
submitted to the representative body and an initiative draft of the body be investigated by
said body will only be handled, after the opinion of the Kingdom Government has been
heard.
Art. 45. 1. Changes in the Constitution regarding:
a. the articles pertaining to fundamental rights and freedoms;
b. the stipulations pertaining to the competencies of the government;
c. articles pertaining to the competencies of the representative body;
d. articles pertaining to judicial proceedings
are considered to affect the Netherlands Antilles and Aruba in the sense of article 10,
without prejudice to the stipulations of article 5.
Art. 46.1.The representative body is chosen by the citizens of the respective countries
and also by Dutch citizens who have reached the age determined by the islands, which
age may not be higher than 25 years. Every voter has only one vote. The elections are
free and secret. If there is a need to do so, the islands may set restrictions. Every Dutch
citizen may be elected, with the understanding that the respective countries may establish
requirements regarding citizenship and age.
2. The respective countries may give persons who have the Dutch nationality, but who
are not citizens of the country, the right to elect the representative body and the right to
be elected thereto, while at least observing the requirements for other citizens who also
have the Dutch nationality.
Art. 47.1. The ministers and the members of the representative body of the countries
swear an oath of allegiance to the King and the Kingdom Charter, before taking up their
positions.
2. The ministers and the members of the representative body in the Netherlands Antilles
and Aruba take their oath and make their promise before a representative of the King.
Art. 48. The countries, when making their laws and when governing, observe the
stipulations of the Kingdom Charter.
Art. 49. By Kingdom law, stipulations may be established regarding the binding effect
of the legal resolutions, which are contrary to the Kingdom Charter, international
measures, a Kingdom law or a royal administrative decree.
Art. 50. 1. Legislative and government measures in the Netherlands Antilles and Aruba,
which are contrary to the Kingdom Charter, an international measure, a Kingdom law or
a royal administrative decree or to interests, the care and guarantee of which are the
competence of the Kingdom, may be suspended or annulled, with motivated reasons, by
the King, as head of the Kingdom. The proposal for annulment is submitted by the
Council of Ministers.
2. In the Netherlands, in as far as such is necessary, the Constitution provides in this
matter.
Art. 51.1. When a governing body in the Netherlands Antilles or Aruba, does not or not
sufficiently provide for that which it must execute in accordance with the Kingdom
Charter, international regulations, a kingdom law or a royal administrative decree, then
the manner in which provisions will be made, will be determined by Kingdom Ordinance,
giving the legal grounds and the reasons on which it is based.
2. With regard to the Netherlands, if necessary, relevant provisions will be made in the
Constitution.
Art. 52. The federal ordinance may grant the King, as head of the Kingdom and the
Governor as representative body of the Kingdom, competencies with regard to matters
related to the country, with the approval of the King.
Art. 53. If the Netherlands Antilles or Aruba express the desire to do so, then the
independent supervision of expenditures in accordance with the budget of the
Netherlands Antilles and the Island Territories, or that of Aruba, is performed by the
General Auditing Office. In that case, rules will be established by Kingdom law in
consultation with the General Auditing Office, regarding the cooperation between the
General Auditing Office and the area concerned. The government of the country
concerned, upon the proposal of the representative body, will then be able to designate
someone who will be given the opportunity to participate in the deliberations regarding
matters of the country concerned.
§ 5 Transitional and Final Provisions.
Article 54.1. (cancelled).
Article 55.1. Amendments to the Kingdom Charter will be enacted by Kingdom law.
A proposal for amendment, adopted by the States-General, will only be approved by the
King, until the it has been ratified by the Netherlands Antilles and Aruba. This proposal
will be ratified in a federal ordinance. This federal ordinance will not be established until
it has been through two sessions in the States General. If the draft is adopted in the first
reading with two thirds of the votes cast, then it is established immediately. The second
reading will take place within one month after the draft has been approved in the first
reading.
3. If, and in as far as, a proposal to amend the Kingdom Charter deviates from the
Kingdom Charter, the proposal will be handled in the manner as established therefore in
the Kingdom Charter, with the understanding that the new Chambers have to adopt the
proposed amendment by absolute majority of the votes cast.
Art. 56. At the time that the Kingdom Charter becomes effective, existing authorities,
binding laws, ordinances and decisions will remain in effect until they are replaced by
others, while observing this Kingdom Charter. If the Kingdom Charter provides
differently regarding any matter, then the provision in the Kingdom Charter will be
applicable.
Art. 57. Laws and ordinances, which are applicable in the Netherlands Antilles, will
obtain the status of Kingdom law or royal administrative decree, with the understanding
that they obtain the status of federal ordinance, in as far as they may be changed in
accordance with the Kingdom Charter.
Art. 58. 1. Aruba may decide in an island ordinance to change the constitutional
organization laid down in the Kingdom Charter for Aruba.
2. The proposal for such a federal ordinance will be submitted accompanied by a sketch
of the future constitution, containing at least provisions regarding the basic rights,
government, representative body, legislature and governance, judicial administration,
and changes to the constitution.
3. The States can only approve the proposal with a two-thirds majority of the votes cast
by the members in the sitting.
Art. 59. Within six months after the Council of Ministers of Aruba adopts the proposal
mentioned in Article 58, a referendum, established by island ordinance, will be held in
which those authorized to choose the Council will be able to express their opinion
regarding the adopted proposal.
2. The approved proposal will only be established as an ordinance after a majority of the
eligible voters have voted for the proposal
Art. 60. 1. After the approved proposal is established in accordance with article 58 and
59 and the approval of the future constitutional organization by the State Council of
Aruba with a majority of at least two thirds of the votes cast by the sitting members, then
at the discretion of the government of Aruba and by royal decree, said government will
establish the time when the constitutional organization of Aruba, as laid down in the
Kingdom Charter, will end.
2. This time will be at most one month after the date of the establishment of the
constitution. This establishment occurs at most one year after the date of establishment of
the referendum mentioned in article 59.
Art. 61. The constitution becomes effective after the solemn publication thereof, after
confirmation by the King.
Before confirmation takes place, the constitution requires acceptance, for the Netherlands
in the manner established in the Constitution and for the Netherlands Antilles and Aruba,
in a decision by the representative body. This decision is taken by a two thirds majority
of the votes cast. If this majority is not obtained, then the State Council will be dissolved
and the new State Council will decide by absolute majority of the votes cast.
Art. 62 (cancelled).
|