The Ombudsman Sint Maarten is a High Council of State established under the Constitution of Sint Maarten. The Ombudsman has the following competencies:
1. Investigation of Complaints
The Ombudsman investigates complaints from members of the public about the conduct of government bodies and entities charged with public authority. Investigations are conducted in a fair, transparent and impartial manner.
2. Own-Initiative Investigations
The Ombudsman can initiate investigations on her own initiative where the conduct of government warrants investigation, without a formal complaint being filed.
3. Guardian of the Constitution
As guardian of the Constitution, the Ombudsman is the only entity that can submit a law that has been ratified, and seems to be in conflict with the Constitution, to the Constitutional Court for total or partial annulment before it goes into effect. This authority is unique within the Dutch Kingdom.
History was made when Dr. Arduin on January 23, 2013 presented her first petition to the Constitutional Court for constitutional review.
Limits of Competence
The Ombudsman is limited to the authority outlined in the National Ordinance Ombudsman (AB 2013 no.20) and cannot handle:
- Civil complaints between private persons
- Complaints against non-government entities without public authority
- Matters that are before a court or have been decided by a court