PHILIPSBURG:--- – Member of Parliament Ardwell Irion says that the government has finally come forth with a bit more information regarding the 2025 budget, though it is buried under excessive rhetoric. In reality, the truth is clear: the 2025 budget has not been published or ratified due to serious errors in the budget amendments, particularly Nota 3, which concerns the Justice Ministry.
The key issue at hand is that the budget is not merely a collection of numbers, it is a law. The amendment from the Justice Ministry contains critical errors that must be rectified. Instead of being forthcoming about these issues, the current administration has taken the path of secrecy, even going so far as to attempt to publish the budget and the Eind Spreektekst (final speech text) with errors without bringing it back to Parliament for approval. MP Irion asserts that this blatant disregard for due process is an unacceptable breach of the country's governance framework.
Under Article 100, the Constitution of Sint Maarten explicitly states that only Parliament has the authority to amend the budget. This means that any necessary corrections require the government to resubmit the budget to Parliament for approval. This process is not optional; it is mandated by our highest legislative authority, our Constitution. Yet, the government continues acting outside these constitutional constraints, ignoring the legislative checks designed to prevent executive overreach.
However, rather than following the Constitution, the government is attempting to work outside of it by applying a legislative concept from the Netherlands known as Novelle Wetgeving (Novelle Law). This approach is entirely unconstitutional and will not work in Sint Maarten for several reasons:
Sint Maarten’s Constitution Does Not Allow It – Unlike the Netherlands, where novelle wetgeving is an accepted legislative tool, Sint Maarten’s Constitution outlines a strict budgetary process. The government cannot introduce legislative changes in a manner that bypasses Parliament’s constitutional authority over the budget.
Violation of Article 100 of the Constitution – The power to amend the budget rests solely with Parliament. The government's attempt to make changes outside of this framework undermines democratic governance and the rule of law. Any effort to bypass Parliament’s role fundamentally erodes the country’s democratic system.
Conflict with Financial Supervision Laws – Sint Maarten is subject to the Kingdom Law on Financial Supervision (RFT), which establishes strict oversight of financial matters. Applying novelle wetgeving to correct budgetary errors would violate existing financial regulations and potentially invite external intervention from the Kingdom Government.
Lack of Legal Precedent in Sint Maarten – Novelle wetgeving is not recognized under Sint Maarten's legal framework. The government cannot simply import Dutch legal mechanisms without first establishing their validity through formal legislative changes, yet it is attempting to do exactly that with no legal basis.
Violation of Democratic Principles – Parliament must debate and approve all changes to the budget. Using novelle wetgeving would allow the government to circumvent parliamentary scrutiny, setting a dangerous precedent where future budgetary errors could be “corrected” behind closed doors without proper oversight. This would severely diminish transparency and accountability in public financial management.
Risk of Legal Challenges – If the government proceeds with this unconstitutional maneuver, the Ombudsman could challenge the decision in the Constitutional Court, which has the authority to nullify laws that violate the Constitution. Additionally, any citizen or organization could initiate legal proceedings to block this unlawful move, reinforcing that government actions must remain within constitutional bounds.
Adding to the growing concerns, many civil servants across various ministries are being blamed for the delays and errors in the budget process. Instead of holding the responsible ministers accountable, the government appears to be using civil servants as scapegoats while avoiding any real transparency or responsibility for the mishandling of the budget. MP Irion believes that this failure to take responsibility further erodes public trust in the administration’s ability to govern effectively.
Since the budget has not been published or ratified, the government can only operate in a limited fashion based on the 2024 budget as stipulated by law. This means that it cannot execute new initiatives, projects, or expenditures from the 2025 budget. However, this government has already proceeded with spending and actions tied to the 2025 budget, despite its lack of legal standing. This is a direct violation of the law and a breach of the Constitution, further demonstrating the administration’s disregard for legal and procedural requirements.
Member of Parliament Ardwell Irion says that among the illegal expenditures are major events such as Soul Beach and Carnival, as well as consultancy contracts that were awarded without proper national decrees or tendering processes. These payments were made in direct violation of the Constitution and will have serious repercussions going forward. Meanwhile, when it comes to critical matters such as payments for justice workers and other civil servants, the government conveniently claims that the lack of a ratified budget prevents them from fulfilling these obligations. This selective enforcement of budgetary rules exposes the administration’s hypocrisy and further calls into question its commitment to lawful governance.
