In the new political structure there will be three public prosecutors' offices: one for Curaçao, one for St. Maarten (islands which are to constitute one separate country each within the Kingdom) and one for the islands that will become parts of the Netherlands as public bodies: Bonaire, St. Eustatius and Saba. Each public prosecutor's office will come under ministerial responsibility of the minister of Justice of the relevant country.
The public prosecutors' offices will be managed by one Public Prosecutor. The public prosecutor will draw up the annual plans and will be in charge of the organization and operation of the public prosecutors' offices. Additionally, he will play an important role in the prevention of cross-border crime, in which connection the three countries involved will work closely together. The public prosecutor will work under the ministerial responsibility of each of the three countries.
Additionally, in the Kingdom Bill of Law the powers for the Dutch minister of Justice to give instructions are regulated on behalf of the Kingdom Council of Ministers. With a view to detection and prosecution of punishable acts he can give instructions to the public prosecutor in case fundamental human rights and freedoms, legal certainty and good governance in a relevant country are not guaranteed. It is a remedy of last resort or an ‘ultimum remedium'.
The Kingdom Council of Ministers has consented to the bill of law being sent to the Council of State of the Kingdom for recommendations. The text of the bill of law and the recommendations of the Council of State of the Kingdom will be made public at the time when it is submitted to the Lower House and sent to the Parliaments of the Netherlands Antilles and Aruba.
