The HOFA Aruba Raad van State advice decision is pending as Minister Gerlien Croes confirmed that the government will wait for legal guidance before making a final decision on the law, particularly regarding Article 38.
Speaking on NoticiaCla LIVE, Croes stated that the Rijkswet HOFA is nearly complete, with most of the work finalized before the current government took office. However, political tension remains around Aruba’s autonomy, especially concerning Article 38.
Croes explained that the law is not standalone and depends on a local ordinance that will determine how Aruba implements the required regulations. She emphasized that the Netherlands is working based on existing agreements with Aruba, not starting negotiations from scratch.
The HOFA Aruba Raad van State advice decision also involves unresolved concerns, including financial obligations tied to public-private partnership (PPP) projects and uncertainty about potential interest savings.
Currently, the proposal has already been reviewed by the Raad van Advies and is now under evaluation by the Raad van State, whose advice will be critical in determining the next steps. Croes noted that while initial feedback was somewhat positive, there are serious legal concerns regarding the involvement of the Council of Ministers of the Kingdom in Aruba’s local legislative process.
She stressed that Parliament of Aruba holds the final authority, as the law cannot take effect without approval of the local ordinance. “If Parliament does not approve the law, there will be no HOFA,” Croes stated.
Political tensions have increased, with parties that were previously involved in negotiating the law now opposing it, particularly over Article 38.
The government is expected to make a final decision once the Raad van State issues its advice, as debates over autonomy, financial control, and the role of the Netherlands continue to dominate Aruba’s political agenda.
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