Combined Appeals Court of the Netherlands Antilles and Aruba
Encyclopedia
The Common Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba serves the three Caribbean countries of the Kingdom of the Netherlands
, Aruba
, Curaçao
, and Sint Maarten, and the three special municipalities of the Netherlands
, Bonaire, Sint Eustatius, and Saba. The court services appeals from lower courts in the Caribbean territories, and is a peer with similar courts in the Netherlands
. The Court is seated on Aruba, Curaçao, and Sint Maarten, while its sessions can also be held on Bonaire, Sint Eustatius and Saba. Until 2010 it was called the Common Court of Justice of the Netherlands Antilles and Aruba.
specified that appeals of first-level courts must be regulated. That law is the declaration 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". This law fixed that the High Council of the Netherlands
recognizes the jurisdiction of the Combined Appeals Court of the Netherlands Antilles and Aruba over civil and criminal cases which were initiated in the first-level courts within those territories.
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 High Council, the case is generally turned over to a different court at the same level for purposes of rendering a new decision. Because the Common Court is the only court at its level, it will rehear its own cases after being overruled.
Kingdom of the Netherlands
The Kingdom of the Netherlands is a sovereign state and constitutional monarchy with territory in Western Europe and in the Caribbean. The four parts of the Kingdom—Aruba, Curaçao, the Netherlands, and Sint Maarten—are referred to as "countries", and participate on a basis of equality...
, Aruba
Aruba
Aruba is a 33 km-long island of the Lesser Antilles in the southern Caribbean Sea, located 27 km north of the coast of Venezuela and 130 km east of Guajira Peninsula...
, Curaçao
Curaçao
Curaçao is an island in the southern Caribbean Sea, off the Venezuelan coast. The Country of Curaçao , which includes the main island plus the small, uninhabited island of Klein Curaçao , is a constituent country of the Kingdom of the Netherlands...
, and Sint Maarten, and the three special municipalities of the Netherlands
BES islands
The Caribbean Netherlands collectively refers to the three special municipalities of the Netherlands that are located overseas, in the Caribbean: Bonaire, Sint Eustatius and Saba...
, Bonaire, Sint Eustatius, and Saba. The court services appeals from lower courts in the Caribbean territories, and is a peer with similar courts in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. The Court is seated on Aruba, Curaçao, and Sint Maarten, while its sessions can also be held on Bonaire, Sint Eustatius and Saba. Until 2010 it was called the Common Court of Justice of the Netherlands Antilles and Aruba.
Composition
The court is composed of judges from the first level of courts. Judges that took part in at case at the lower level may not participate in a case at this level.Right of Appeal
The Charter for the Kingdom of the NetherlandsCharter for the Kingdom of the Netherlands
The Charter for the Kingdom of the Netherlands describes the political relationship between the four different countries which form the Kingdom of the Netherlands: Aruba, Curaçao, and Sint Maarten in the Caribbean and the Netherlands in Europe...
specified that appeals of first-level courts must be regulated. That law is the declaration 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". This law fixed that the High Council of the Netherlands
Hoge Raad der Nederlanden
The Supreme Court of the Netherlands is the highest court of the Netherlands, Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and sits in The Hague, Netherlands....
recognizes the jurisdiction of the Combined Appeals Court of the Netherlands Antilles and Aruba over civil and criminal cases which were initiated in the first-level courts within those territories.
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 High Council, the case is generally turned over to a different court at the same level for purposes of rendering a new decision. Because the Common Court is the only court at its level, it will rehear its own cases after being overruled.
See also
- Dutch Wikipedia article on which this article is based