State Secretary of Home Affairs and Kingdom Relations Raymond Knops basically told the Government of St. Maarten (see related story) that it’s right about the National Decree setting an election for February 26 violating the maximum three-month term for dissolving Parliament and having a new one take office mentioned in the Constitution. However, this was done in the extraordinary circumstances resulting from Hurricane Irma and related serious concerns about the feasibility and organisation of an orderly and well-prepared election.
Additionally, annulling the decree as suggested at this point would not lead to installing a newly-elected Parliament within the legal period for such. To the contrary, it would further postpone the election, which is not in keeping with the Leona Romeo-Marlin Cabinet’s stated position that the democratic process may not be thwarted.
In other words, the highest law of the land was indeed broken, but in this case the remedy is worse than the cure. While the voters should have returned to the polls earlier, delaying such even more does not serve the general interest.
The advice is consequently to withdraw the request for the Kingdom Council of Ministers to take measures against the infringement. That certainly seems like the most pragmatic thing to do, because stopping an election when the parties have already secured their spots and colours on the ballot would be questionable at best.
It’s true that this snap election was widely undesired when first called, but the political season is now in full swing and campaigning has started. There is simply no way back.
