Prime Minister Submits Legal Advisory on Constitutional Role of the Governor to CoM, Governor, and Parliament | Soualiganewsday

SINT MAARTEN (GREAT BAY) — The Honorable Prime Minister, Dr. Luc Mercelina, has formally submitted a legal advisory concerning the constitutional role of the Governor of Sint Maarten to the Council of Ministers (CoM). In the interest of transparency, the advisory has also been shared with His Excellency the Governor and the Honorable Members of Parliament.

The advisory, prepared by constitutional expert Prof. Dr. Arjen van Rijn, was commissioned following developments in January 2026 related to the handling of an administrative matter and the associated decision-making processes within Government.

The report provides a detailed legal analysis of the Governor’s dual role as both the constitutional head of the Government of Sint Maarten and as the representative of the Kingdom Government. It further examines the limits of the Governor’s authority within that framework and the principle of ministerial responsibility.

Prime Minister Mercelina emphasized the importance of upholding constitutional boundaries, “This advisory provides critical guidance on the proper functioning of our constitutional system. It reinforces a fundamental principle: that the elected Council of Ministers carries the political mandate and responsibility to govern, and that this mandate must be respected at all times.”

The advisory concludes that certain actions taken during the January 2026 events exceeded established constitutional boundaries and risked undermining the political primacy of the Council of Ministers.
Prime Minister Mercelina reaffirmed that the matter is about protecting institutions, “This is not about individuals; it is about safeguarding the integrity of our democratic institutions. Sint Maarten is a constitutional democracy, and we must ensure that the separation of roles and responsibilities remains clear, respected, and upheld.”

The Prime Minister further stressed the importance of learning from the situation and preventing future ambiguity, “We have a responsibility to address this matter with maturity and resolve. Clear constitutional boundaries are essential to good governance. Where those boundaries are tested, it is our duty to reaffirm them decisively and constructively.”

Prime Minister Mercelina indicated that the Council of Ministers will deliberate on the advisory.

“Our focus now is on strengthening governance, reinforcing accountability, and ensuring that our constitutional framework continues to serve the people of Sint Maarten effectively and without ambiguity.”

The Government of Sint Maarten remains committed to transparency, the rule of law, safeguarding the constitution and the continued strengthening of its democratic institutions.