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Role of the Caribbean Court of Justice in the CSME- an overview. CSME Membership (13)- Market of 6 million people. CSME - Definition The CSME is a single enlarged economic space created through the removal of restrictions and resulting in the Free movement of: Goods Services Persons
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It confers the right on CARICOM nationals to establish business in any CARICOM Member State and to be treated in the same manner as a national of that State
Under the CSME
Caribbean Court of Justice?
Agreement establishing the Caribbean Court of Justice
-signed on 14th February 20012 as inter alia
“determinative…in the further development of Caribbean jurisprudence through the judicial process” and “that the establishment of the Court is a further step in the deepening of the regional integration process”.
14th February 2001
15th February 2003
Montserrat awaiting UK entrustment before it can sign (initially rejected)
It is purple
It is red
It is pink
It is brown
Barbados Sup. Ct.
TT Sup. Ct.
Jamaica Sup. Ct.
Suriname Sup. Ct.
We have studied and decreed that it is black and white
And so everyone in the Caribbean Community now know that:
It is black and white!
There are four (4) ways to access the original jurisdiction of the Court.
The originating application used to commence proceedings arising out of disputes between Contracting Parties to the Agreement and disputes between Contracting Parties and the Community.
Also if applicant is a person…..leave
Article 214 of the Treaty deals with referrals as does Article XIV of the Agreement Establishing the Caribbean Court of Justice and Part 11.2(1) of the Original Jurisdiction Rules 2006.
“Where a national court or tribunal of a Member State is seised of an issue whose resolution involves a question concerning the interpretation or application of this Treaty, the court or tribunal concerned shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Court for determination before delivering judgment.”
National courts or tribunals e.g. - High Courts and Magistrates Courts also includes Tax Appeal Board, Industrial Court and the Environmental Commission could refer issues dealing with the interpretation or application of the Treaty of Chaguaramas to the CCJ. It must be before judgment is delivered.
The interpretation of the Treaty or judgment of the CCJ is final.
“1. The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of the Member States parties to a dispute or the Community.”
natural or juridical persons of a contracting party IF ….
5 Procedure set out in Rule 11.5 of the Original Jurisdiction Rules 2006
6 Procedure set out in Rule 11.4 of the Original Jurisdiction Rules 2006
7 Procedure set out in Rule 11.6 of the Original Jurisdiction Rules 2006
The Commissioners are appointed by the RJLSC for a term of 5 years:
“The experience of most newly established courts is that during the first few years of their existence, business tends to be very slow… What is of greater concern to me is the possibility that persons with a right of access to the Court, may not recognize, when they occur, the circumstances in which that right could be used to their advantage.” 8
8“The Role of the Caribbean Court of Justice in the Caricom Single Market and Economy”, address given by the Rt. Honourable Mr. Justice Michael de la Bastide, President of the Caribbean Court of Justice, Guyana (24th February 2007) http://www.caribbeancourtofjustice.org/papersandarticles/role_ccj_csme.pdf
134 Henry Street,
Port of Spain,
Phone: 868-623-2CCJ (2225)