Oral presentation: Bastiaan de Jong

Since the constitutional reforms of 2010, Bonaire, Sint Eustatius, and Saba have become part of the constitutional system of the Netherlands. Due to the distinct characteristics of these islands compared to the European part of the Netherlands, the Dutch Constitution includes a special provision which allows for legislative differentiation for Bonaire, Sint Eustatius, and Saba. However, this provision has sparked considerable debate regarding the equal treatment of these islands within the Dutch legal system.

My research demonstrates that the special differentiation provision in the Constitution does not establish a separate framework for assessing the admissibility of differentiation in regulations for Bonaire, Sint Eustatius, and Saba. Instead, it emphasizes an aspect of the existing framework based on the equal treatment clause of Article 1 of the Dutch Constitution. The equal treatment clause not only permits but, under certain circumstances, even requires legislative differentiation for the islands if their specific conditions so demand.

Nevertheless, my research also reveals that the current regulatory framework lacks essential elements to ensure a consistent and transparent assessment of whether the circumstances on the islands necessitate differentiation or harmonization in laws and regulations with the European part of the Netherlands. The absence of such a framework renders the legislative process highly vulnerable to arbitrariness, as all stakeholders must independently develop their own criteria for this assessment. This puts the equal treatment of Bonaire, Sint Eustatius at risk, as highlighted by the decision of the Dutch court in the Bonaire climate case.