Introduction
An internal non-communication issue between the Minister of Spatial Development Infrastructure & the Environment, Mrs. Marisol Lopez-Tromp, and her party POR has spilled over. The stability within Cabinet Wever-Croes is under threat. The Minister of Justice, Mr. Andin Bikker, refuses to participate in meetings of the Council of Ministers as long as Ms. Lopez-Tromp is a part thereof. Meanwhile, the responsibility for the Ministry of SDI&E was taken away from Minister Lopez-Tromp and temporarily placed under the Minister of General Affairs, Mrs. Evelyn Wever-Croes. Minister Lopez-Tromp currently has no portfolio.
A Minister without a portfolio?
Is a Minister without the responsibility of a Ministry (without a portfolio), compatible with the laws of Aruba?
Article II.5 of the Constitution of Aruba stipulates that a Ministry is installed by Ordinance and falls under the leadership of a Minister. A Ministry must always have a Minister at the helm who carries the responsibility for said Ministry. The aforementioned is apparent from its definition: a part of the government service that falls under the direct responsibility of a Minister (E.J. Janse de Jonge, Commentaar op Artikel 44 van de Grondwet).
Furthermore, Article 9 paragraph 1 of the Ordinance on the Installation of Ministries (Landsverordening instelling ministries, LIM) stipulates that the Minister has the leadership of and is responsible for a Ministry.
In my opinion, Article 9.1 LIM entails the same as Article II.5 of the Constitution, despite the difference in wording. A Ministry must always fall under the responsibility of a Minister.
Conversely, Article 9.1 LIM does not prescribe that a Minister must at all times be responsible for a Ministry. That would be an incorrect reading of Article 9.1 LIM, in my opinion. In other words, Article 9.1 LIM does not exclude the possibility that a Minister may be without a portfolio, albeit temporary.
I note that the Constitution of the Netherlands specifically mentions the Minister without a portfolio under Article 44 paragraph 2. A Minister without a portfolio (or project minister) is responsible for a specific policy area but is not in charge of a Ministry. The Minister without a portfolio sits on the Cabinet and has a voting right
The dismissal of Ministers
A Minister is appointed and dismissed by Decree and in consultation with Parliament (Article II.2 paragraph 1 of the Constitution). A Minister must step down if he or she loses the trust of Parliament (vertrouwensleer).
A meeting to be held on July 31st, 2020
To that effect, a meeting will be held on Friday, July 31st, at 8 A.M. wherein Parliament will address the situation regarding Minister Lopez-Tromp. The Minister will have to be present at the meeting.