WILLEMSTAD - "It is the most normal thing in the world for the governor to sign a national decree with retroactive effect," said Minister of Health, Environment and Nature.
According to Camelia-Römer there are plenty of examples to prove that. Lawyers now say that that may be true, but that it takes away the responsibility of the governor.
As is known, Governor Lucille George-Wout decided not to co-sign the National Decree for a loan of 200 million for the New Hospital Otrabanda (HNO). According to the governor, it is not possible to sign without authorization and the content of the outline agreement contravenes the Financial Supervision Act.
Article 21 of the rules for the governor of Curacao is clear. “The Governor shall not adopt a national ordinance and a national decree proposed to him if he considers the ordinance or decision to be in conflict with the Statute, an international regulation, a national law or a general measure of government, or with interests, the care or guarantee is a matter for the Kingdom."
According to the Constitution Article 33, paragraph 3, "the representation of Curaçao is always provided for by national decree" and Article 34 says that "all national ordinances and decrees are signed by the Governor and by one or more ministers." There is no reference to retroactive effect.
Lawyers say that "by assuming that retrospective signing of a national decree is common, Camelia-Römer actually takes away the responsibility of the governor under Article 21."