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.
The Minister of Justice declared that the portfolio of Minister Lopez-Tromp was merely reduced to a specific policy area (Fast Track), thereby implying that the Minister is not without a portfolio. The Minister of Education confirmed instead that 3 Ministers are no longer willing to work together with Minister Lopez-Tromp and, that the Council of Ministers decided to have the portfolio taken away from Minister Lopez-Tromp and temporarily placed under the Minister of General Affairs. Minister Lopez-Tromp has no portfolio and remains responsible solely for the specific policy area mentioned above, according to the Minister of Education. The letter of the Prime Minister of July 24th, 2020, seems to confirm the latter.
A Minister without a portfolio?
Is a Minister without the responsibility for 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. The same interpretation applies to Article II.5 of the Consitution.
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.
Paul Croes
Mr. Paul Croes, the then Minister of Labor and Social Affairs, was arrested on corruption charges in August of 2017. Consequently, the Eman Cabinet took away his portfolio and placed it under the then Minister of Finance, Mr. Angel Bermudez.
Mr. Croes remained seated as Minister without a portfolio. The Department of Legislation (DWJZ) concluded that an amendment of the LIM was not necessary.
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).
Meetings
To that effect, a meeting was held on Friday, July 31st, wherein Parliament addressed the situation regarding Minister Lopez-Tromp. Minister Lopez-Tromp attended the meeting. A follow-up meeting is scheduled for tomorrow, Wednesday, September 2nd.