Disagree with the FTAC?
Do you disagree with a formal decision of the Fair Trade Authority Curaçao? Or do you have a complaint about certain conduct of an official of the FTAC? Below you can read more about the objection procedure and how to file a complaint about certain conduct.
I disagree with a formal decision of the FTAC
In case of sufficient interest, you may object or (directly) appeal against a decision of the FTAC. This is stipulated in the Curaçao National Ordinance on Administrative Proceedings [in Dutch: Landsverordening administratieve rechtspraak]. In case of an objection, the FTAC will review the decision based on your objections. In case of an appeal, the FTAC’s decision will be presented to the Court of First Instance of Curaçao.
An interested party may file a notice of objection within six weeks after a decision. An interested party is a legal entity or individual whose interests are directly and adversely affected by a decision of the FTAC. Your notice of objection should be filed in writing at the offices of the FTAC. Furthermore, it should at least include the following information:
- the surname, first names and place of residence of the objector and, if the notice is filed by a proxy, also the surname, first names and place of residence of the proxy;
- a clear description of the decision against which the notice of objection is filed;
- the grounds on which the objection is based, including the objector’s interest in the decision;
- an indication of what the objector demands;
- signature of the objector or their proxy;
- the address for service process in Curaçao if the objector does not have a place of residence in Curaçao.
If possible, you should also attach a copy of the decision against which you are lodging an objection and other documents relating to the decision.
After submission of your notice of objection, you will receive proof of receipt and you will be informed about the subsequent processing. You may be invited to attend a hearing. The FTAC will make a decision on your objection within four months. This period may be extended by a maximum of thirty days. The decision on an objection is open to appeal with the Court of First Instance of Curaçao.
When handling objections, FTAC follows the procedure as indicated in Article 54 up to and including 69b of the National Ordinance on Administrative Proceedings. FTAC does not have an advisory committee as indicated in Article 70.
I have a complaint about certain conduct of the FTAC or one of its officials
The FTAC tries to act as carefully as possible. Nevertheless, if you have a complaint about the conduct of (any employee of) the FTAC, you may file a complaint with the independent complaints officer of the FTAC. Written complaints can be submitted directly per e-mail to email@example.com, to the attention of the Complaints Officer, or by regular mail to:
Fair Trade Authority Curaçao, attn: Complaints Officer
PO Box 135
A (written) complaint must have at least the following:
- Name and address of the person filing the complaint;
- A clear description of the conduct against which the complaint is directed;
- The date.
If the requirements of a complaint are met, it will be handled by the Complaints Officer. This officer will hear your complaint. The Complaints Officer advises the board of the FTAC on the decision but the board takes the final decision. This decision will be notified in writing to the person who has filed the complaint. All complaints are handled with confidentiality. Click here for the entire Complaints Procedure (in Dutch).
When is it not possible to submit a complaint?
Your complaint may not be handled if it relates to the following cases:
- A conduct, for which a complaint has already been filed and handled in accordance with the Complaints Procedure;
- A conduct which happened more than six months prior to filing the complaint;
- A conduct against which the accuser has or could have objected based on the National Ordinance on Administrative Jurisdiction;
- A conduct against which the accuser can or could have lodged an appeal based on the National Ordinance on Administrative Jurisdiction;
- A conduct, which by procedural settings, has been subjected to an administrative court or to the judgement of a court other than the administrative court;
- As long as the conduct has led to a criminal investigation by order of a public prosecutor, or prosecution, or if the conduct is part of an investigation or prosecution of a criminal offense and in connection thereof, an ongoing investigation by order of the officer of justice or prosecution is in effect.
In addition, the Complaints Officer does not have to handle a complaint, if the interest of the accuser or the consequence of the conduct is evidently insufficient.