The Supreme Court is the highest court in Caribbean cases
The Supreme Court is not only the highest court for the European part of the Netherlands, but also for the Caribbean part of the Kingdom. This applies to civil, criminal and tax matters. Caribbean cases start before the Courts of First Instance. Subsequently, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba hears appeals.
Supreme Court proceedings in Caribbean cases
Proceedings before the Supreme Court in Caribbean cases largely follow the same rules as proceedings in the European part of the Netherlands. In civil cases, parties must be represented by a cassation lawyer. In criminal cases, they may choose any lawyer registered in the Netherlands, Aruba, Curaçao, Sint Maarten, or Bonaire, Sint Eustatius and Saba. In tax cases, parties may either submit documents themselves or appoint an authorised representative.
The time limit for bringing a civil appeal in cassation depends on the applicable appeal period before the Joint Court. If that period is shorter than 30 days, the cassation period is three times that length, subject to a minimum of one month. By contrast, if the appeal period is 30 days or longer, the cassation period is three months.
One important difference concerns the procedure after the Supreme Court sets aside a judgment. In Caribbean cases, the Supreme Court always refers the case back to the Joint Court. By comparison, in cases from the European part of the Netherlands, the Supreme Court usually refers the matter to a different appellate court. The Joint Court then continues the proceedings with judges who were not involved in the judgment that the Supreme Court set aside.
For a complete overview of Supreme Court proceedings in the European part of the Netherlands, please see our civil, tax and criminal law pages.
