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Blog Caribbean 5.0

Blog Caribbean 5.0

Check and balance lijkt soms checks and obstalces

Posted on January 17, 2022 at 7:00 PM

Check and balance lijkt soms checks and obstalces

 

DRAFT 2.0

 

18 februari 2022

 

Checks and balances (C&B) komt oorspronkelijk uit het staatsrecht en refereet hoe de drie machten elkaar controleren en in evenwicht worden. C&B is uitgeduid en is misschien zelfs gaan woekeren. Dit op ten mintens twee manieren. Binnen het domein van de staat is een web aan C&B ontstaan. Een wet moet soms niet alleen langs de Raad van Advies maar ook langs de SER; het College Financieel Toezicht en andere organen als Ombudsman vervullen een rol. Verder is er ook een systeem van C&B voor het domein van de markt ontstaan; dat duiden wij aan met corporate governance. Een voorbeeld is de adviseur corporate governance als het gaat om overheidgelieerde entiteiten. Daar komt bij dat de samenleving, met name het maatschappelijk middenveld ook een check is geworden; men kan bezwaar maken en naar de rechter stappen.

Binnen de netwerk van C&B zijn vele organen autonoom, maar ze moeten hun rol en plaats binnen het geheel kennen. Wat ik nu steeds vaker zie is, check en obstrueer. Je ziet het op allerlei manier. Het is bedoeld en/of onbedoeld. Kijk nu naar de tot standkoming van rijkswet Coho. Is dit nog C&B? Zelfde vraag voor de screening van ministers. Voor de bouwvergunning van een hotel in de stad.

Het punt is dat checks and balances te uitgebreid zijn geworden en een obstakel vormen voor het handelen. Het gebouw van C&B is aan revisie toe.

 

Dr. Miguel Goede

 

Dr. Miguel Goede

 

Categories: DRAFT 2.0

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