Curaçao Bar Association Critiques Proposed Gaming Law LOK

Curaçao Bar Association Voices Concerns Over LOK Gaming Law

Curaçao’s Bar Association has expressed deep reservations about the proposed National Ordinance for Games of Chance (LOK), challenging the powers assigned to the new regulatory body, the Curaçao Gaming Authority (CGA). The law, spearheaded by Finance Minister Javier Silvania, seeks to align the country’s gaming regulations with global standards.

Legal Accreditation Powers Questioned

The Bar Association’s primary concern revolves around the CGA’s role in accrediting lawyers for gambling licensees. The bill, as it stands, stipulates that lawyers lacking CGA accreditation cannot work with license holders. The CGA also has the authority to impose regulations and restrictions on this accreditation.

This move has sparked controversy within the legal community, as the Bar Association views it as an encroachment on the traditional jurisdiction of courts and legal supervisory bodies. The requirement for lawyers to prove ‘good conduct’ to gain accreditation has been particularly contentious.

Challenging the Democratic Constitutional State

The Bar Association has highlighted that these provisions contradict fundamental legal principles, including the right to a fair trial and the freedom to choose legal representation. Such restrictions, they argue, violate the European Convention of Human Rights and represent a breach of democratic constitutional values.

Call for Amendments and Consultation

The association’s critique extends beyond accreditation concerns. They have flagged issues with unclear language and potential errors in the LOK. The Bar Association is calling for amendments to the bill to preserve the independence of legal services and for meaningful consultation with the local legal profession and judiciary.

LOK Faces Parliamentary Hurdles

The Advisory Body’s comprehensive critique of the LOK has resonated with members of parliament, leading to demands for clarification from Minister Silvania. The minister is expected to address these concerns in an upcoming parliamentary session.

The Bar Association’s criticism, alongside parliamentary opposition, signals a challenging path ahead for the LOK. The bill’s impact on the legal profession and the broader gaming industry in Curaçao remains a hot topic, with stakeholders eagerly awaiting the outcome of these discussions.