Government & Public Sector
Based on a constitution, a government has the authority to make and enforce rules, laws and regulations. The public sector, often referred to as the administration, is its “executive body”, dealing for example with the delivery of social security, urban planning and the organization of many other public services. Relations between the public and private sector are often interpreted in legal terms. Decision-making and other acts by administrative bodies are frequently disputed in court. Maybe this is even more so in the Caribbean because of the influence from the United States.
As of 10 October 2010, the country the Netherlands Antilles – comprising the islands of Curacao, St. Maarten, Bonaire, St. Eustatius and Saba – ceased to exist. This entails that since 10 October 2010, the Kingdom of the Netherlands comprises of four constituent countries: the Netherlands, Aruba, Curacao and St. Maarten, each having an autonomous status, subject to and in accordance with the “Charter of the Kingdom of The Netherlands" (Statuut voor het Koninkrijk der Nederlanden). The islands of Bonaire, St. Eustatius and Saba, also referred to as the BES-islands, are all individual public entities (municipalities) within the country the Netherlands since 10 October 2010.
We are very experienced in working with and within governmental and other public sector organizations. We advise, assist in transactions and, if need be, are active in dispute resolution. We offer specific and detailed expertise not only in all areas of administrative law, such as zoning and environmental law, but also in contract law and government liability.
Our government and public sector team consists of specialists from across the firm, particularly those in the fields of corporate, financial, real estate and insurance law. They provide full-service assistance in matters relating to public-private partnerships (PPP), privatizations, procurement and proceedings involving various supervisory authorities. We also advise on issues regarding financial (regulatory) legislation. Our experience in working with the government gives us knowledge and understanding of procedures and the distribution of powers within governmental organizations. This combination of expertise and experience has given us an outstanding reputation in this market.Recently we have assisted:
- A state owned utility company against Island Government of Curacao in relation to tariffs of electricity and water
- A state owned utility company on collective labor agreements
- Aqualectra, the Curacao based power company, on a Power Purchase Agreement with NuCapital to expand windmill parks on Curacao
- Aruba in dispute with the Kingdom of the Netherlands on the allocation of proceeds of the Marriott Aruba Hotel sale
- Curacao's state owned telephone company on bond issue
- Government-owned communication company on Aruba on its financing
- Island Government of Curacao as defendant in proceedings initiated by employees of state owned garbage company Selikor
- Island Government of Curacao in negotiations with PDVSA, the Venezuelan state oil company, about the future of the Curacao refinery
- Netherlands Antilles Government in litigation in relation to strike of prison personnel
- The public entity of Saba with adjusting its legislation to the new BES-legislation after the constitutional changes of 10/10/2010
- The Aruba National Park and Nature Reserve in summary proceedings filed against the Park
- The Island Territory of Bonaire on adjusting, supplementing or converting all local legislation due to the constitutional changes
- The Kingdom of The Netherlands in extradition cases of nationals to the United States
- The Netherlands Antilles Government in a case against hospitals claiming reimbursement for cost regarding uninsured patients
- The Netherlands Antilles Government in Sint Maarten casino license litigation
- The public entity of Saba with the privatization of the A.M. Edwards Medical Center on Saba
- The State of the Netherlands in a test case in connection with the changes in the legislation on Bonaire.
- ‘Legislation too complex for government nv’s'
- Judge dismisses all claims against OLB
- Judge permits preparatory work for St. Eustatius Terminal expansion
- Judge deals with injunction to prevent oil terminal in ‘Farm’ on St. Eustatius
- The challenge of corporate governance is to ‘grow up’
- School board loses legal proceedings against public utility company Aqualectra
- Executive Council acts against the law
- Advice on legislation 10-10-10
- Aqualectra wins case against PWFC