Broeksteeg and Elzinga say Council of State failed to address key HOFA concerns

AMSTERDAM  – Two Dutch constitutional law experts argue that the Kingdom Council of State's opinion on the proposed HOFA consensus law lacks depth and fails to adequately address key concerns about Aruba's autonomy.

The authors question whether Aruba's acceptance of financial supervision is truly voluntary, whether the supervision will actually be temporary, and whether the proposal unduly limits Aruba's autonomy and Parliament's budgetary powers. They also question the influence of the 2024 administrative agreement on the consensus process.

According to the analysis, the Council of State itself acknowledges that HOFA limits Aruba's autonomy, but the authors argue that the legislation provides no firm guarantees that the supervision will eventually end, leaving the Kingdom government with the final say.

The experts also criticize the proposed approval powers for the Kingdom Council of Ministers, saying they conflict with established constitutional principles and could create an undesirable precedent for future Kingdom relations.

While critical of HOFA, the authors note that Aruba's public finances have improved considerably in recent years, raising questions about whether a new financial supervision regime is still necessary.