WILLEMSTAD – On February 6, 2023, the Court of First Instance rendered judgment in the civil case brought by the Protestant School Board (VPCO) against the Country of Curaçao. This lawsuit was filed by the VPCO in 2017 because the board is of the opinion that the funding is insufficient for the actual costs of the education provided by them. The VPCO also believes that public education enjoys all kinds of advantages by being able to piggyback on (other) budgets of the country. According to the VPCO, this is a form of unequal treatment.
WILLEMSTAD
– On February 6, 2023, the Court of First Instance rendered judgment in the civil case brought by the Protestant School Board (VPCO) against the Country of Curaçao. This lawsuit was filed by the VPCO in 2017 because the board is of the opinion that the funding is insufficient for the actual costs of the education provided by them. The VPCO also believes that public education enjoys all kinds of advantages by being able to piggyback on (other) budgets of the country. According to the VPCO, this is a form of unequal treatment.
In its interim judgment of 15 March 2021, the Court of First Instance ruled that there is no question of unequal treatment, in the sense that the DOS is adequately financed by the country for the education it provides, while the VPCO is not.
In its interim judgment of 15 March 2021, the Court of First Instance ruled that there is no question of unequal treatment, in the sense that the DOS is adequately financed by the country for the education it provides, while the VPCO is not.
However, in its judgment of 6 February 2023, the Court of First Instance has ruled that no indexation and/or adjustment of the rates and standards used in the funding method has taken place since 1998 and that this is the reason why VPCO apparently experiences a shortfall compared to the costs it incurs. The country disagrees with this decision and underlying considerations of the Court of First Instance. The country will therefore appeal against this judgment of the Court of First Instance.
However, in its judgment of 6 February 2023, the Court of First Instance has ruled that no indexation and/or adjustment of the rates and standards used in the funding method has taken place since 1998 and that this is the reason why VPCO apparently experiences a shortfall compared to the costs it incurs. The country disagrees with this decision and underlying considerations of the Court of First Instance. The country will therefore appeal against this judgment of the Court of First Instance.
Contrary to what the Court of First Instance decided, for example, the country has shown with the many documents submitted that adjustments have indeed been made and funding has been increased by about 40% across the board. It has also demonstrated for which funding standards adjustment is not necessary or not possible.
Contrary to what the Court of First Instance decided, for example, the country has shown with the many documents submitted that adjustments have indeed been made and funding has been increased by about 40% across the board. It has also demonstrated for which funding standards adjustment is not necessary or not possible.
The funding of education cannot be based on the actual costs of the school boards. This is not possible and not desirable on the basis of education legislation and in view of National Ordinance Accountability 2010, National Ordinance Financial Management and Kingdom Act Financial Supervision Curaçao and Sint Maarten. The country cannot be forced to conduct irresponsible financial management merely to meet VPCO’s wishes. In the first place, the country must ensure a prudent organization of national finances and a fair distribution of scarce resources.
The funding of education cannot be based on the actual costs of the school boards. This is not possible and not desirable on the basis of education legislation and in view of National Ordinance Accountability 2010, National Ordinance Financial Management and Kingdom Act Financial Supervision Curaçao and Sint Maarten. The country cannot be forced to conduct irresponsible financial management merely to meet VPCO’s wishes. In the first place, the country must ensure a prudent organization of national finances and a fair distribution of scarce resources.
On Friday, February 17, 2023, the administrative court will hear the six (!) lawsuits that VPCO has brought against the Minister of Education. The administrative court will have to assess, independently of the civil court, whether the funding of the VPCO complies with the statutory provisions or not.
On Friday, February 17, 2023, the administrative court will hear the six (!) lawsuits that VPCO has brought against the Minister of Education. The administrative court will have to assess, independently of the civil court, whether the funding of the VPCO complies with the statutory provisions or not.
No further comment will be made on these matters at this stage.
No further comment will be made on these matters at this stage.
https://www.curacaochronicle.com/post/main/the-government-will-appeal-against-the-verdict-in-the-vpco-case-against-the-country/
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