ORANJESTAD (AAN) – The Raad van Advies (Advisory Council) has issued a strong opinion stating that the Kingdom Law HOFA is unconstitutional in Aruba. According to the council, the law conflicts with Aruba’s Constitution due to Article 38, which states that Aruba cannot modify its financial supervision laws without approval from the Netherlands.
The HOFA law dates back to 2014, when Aruba faced financial management challenges. At that time, agreements were made with the Netherlands, including conditions tied to financial oversight laws such as LAft. These agreements required Dutch approval before Aruba could make changes.
Former Prime Minister Evelyn Wever-Croes previously explained that agreements signed in 2024 were done under difficult financial circumstances to ensure the country’s survival. She emphasized that her actions were transparent and aimed at protecting Aruba’s autonomy.
However, criticism has now intensified as the current government reportedly reinforced these agreements in 2025 and again in 2026, despite concerns about constitutionality.
The Advisory Council’s opinion has reignited political debate, with calls for accountability and transparency. Wever-Croes responded by stating that all her agreements were made publicly and with the intention of continuing negotiations, not binding Aruba permanently.
She stressed that responsible governance requires transparency and open debate, urging officials to address these issues in Parliament rather than through social media.
The situation has become a major political issue, with increasing pressure on the government to justify its decisions and defend them openly before the people of Aruba.
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