BackThe Constitutional Court of St Maarten declares the complaint of the Ombudsman concerning not consulting the Council of Advice on the introduction of the Amendment to the Bill leading to the Integrity Chamber Ordinance well founded.
In a nineteen page decision the Court outlined its considerations for striking down the ‘National Ordinance on establishing an Integrity Chamber’ to investigate integrity breaches by persons holding public office. The Ordinance was approved by Parliament and subsequently ratified by the government in August 2015.
Though considered necessary to hold public authorities accountable for integrity breaches, the Ombudsman argued that even - and more so - such a law should respect the fundamental rights of those investigated, as well as those involved in the process of such an investigation.
The main grievances against the National Ordinance presented by the Ombudsman were supported by the Court in concluding that proper procedures pursuant to the Constitution were not adhered to in establishing the new law. The law was squashed in its entirety, meaning that government should retreat to the drawing board before presenting a new draft to the Council of Advice for review and advice.
Source: Ombudsman of Sint Maarten
