Functions

Since the fifties of the previous century, there has been a clear separation in the two functions which the Governor has as representative of the Government of the Kingdom and as head of the National Government of the Netherlands Antilles.

The Governor as an organ of the Kingdom

With the introduction of the Charter in 1954, the powers, obligations and responsibilities of the Governor as an organ of the Kingdom of the Netherlands were regulated in the Regulations for the Governor. Article 15, paragraph 1 reads:

The Governor represents the Government of the Kingdom and guards the general interest of the Kingdom in accordance with the provisions and regulations and with due observance of changes to be indicated by or pursuant to Royal Decrees. He is accountable to the Government of the Kingdom.

The Governor is therefore authorized, within the limits of these regulations and the instruction of the Crown, to act on behalf of the Kingdom Government. This applies to the following Kingdom affairs.

  1. Maintaining the independence and the defense of the Kingdom (Commander of the Armed Forces);
  2. Foreign relations;
  3. The nationality of the Netherlands;
  4. The arrangement of the knighthoods, and also the flag and the coat of arms of the Kingdom;
  5. Taking care of the realization and supervision of the observance of Kingdom Acts, General Orders in Council and international agreements.

In addition, the Governor has the authority, in the event of disasters, etc., to make parts of the Armed Forces available to the Government of the Netherlands Antilles.

The Governor as an organ of the country the Netherlands Antilles

According to the Constitution, the Governor, as a representative of the King, is the head of the Government of the Netherlands Antilles. As the head of the Government, the Governor is immune. The Governor exercises the executive power under the responsibility of the Ministers, who are responsible to the Parliament of the Netherlands Antilles. As such, the Governor does not have any independent authority. The executive power is related to:

  1. Appointing, suspending and dismissing the central government officials and establishing their remuneration;
  2. Managing the finances and state property of the Netherlands Antilles;
  3. Granting remission of sentence and dispensation;
  4. Laying down and promulgating National Enactments and signing Government Decrees, providing for general measures or Government Decrees.

The Governor also participates in the legislature of the Netherlands Antilles, as he presents the draft National Enactments to Parliament for approval and decrees them after this approval has been obtained. Subsequently, he sees to it that these National Enactments are promulgated.

Many high officials take the oath or the declaration or solemn confirmation in the hands of the Governor. This applies to, among others, the Members of Parliament, the Lieutenant-Governors, the Members of the Advisory Council, Members of the Court of Audit, the Procurator General and the Judges.