Declaring that it would “be a tragedy of mammoth proportions if the CCJ was not allowed for whatever reasons to realise its full potential”, the President of the court says the regional private sector needs to be more aware of the role of the CCJ.
Delivering the main address at the Rotary Club of Georgetown World Under-standing Dinner at Le Meridien Pegasus Hotel on Saturday evening, President of the Caribbean Court of Justice (CCJ), Justice Michael de la Bastide told his audience that if the CCJ was not allowed to realise its full potential the Caribbean would have “lost an opportunity which may not come again for several generations.” To date only Guyana and Barbados have used the court since it was inaugurated on April 16, 2005.
He opined that it was still too early to be concerned over the fact that the CCJ has not yet been called upon to exercise its original jurisdiction (as it relates to the Caricom Single Market) since the experience of most newly established courts is that during the first few years of their existence, business tends to be very slow.
He was concerned that persons with a right of access to the court might not recognise the circumstances in which that right could be used to their advantage. While, he said it was not his purpose to stir up litigation he sensed that a greater awareness was needed by the private sectors of what the CCJ has to offer if it is to play its part in deepening regional integration and contributing to the success of the CSME.
Speaking on the role of the CCJ in the Caribbean Single Market and Economy (CSME), Justice de la Bastide said that when one considers the several rights and freedoms which the Caricom Revised Treaty seeks to establish in the creation of a single economic space; the general prohibition in Article 7 of the treaty against discrimination on the ground of nationality alone; and the provisions of the treaty designed to eradicate anti-competitive business conduct within the region, one might well conclude that the breach by a member state of virtually any provisions of the treaty is capable of qualifying as the subject of complaint in proceedings brought by an individual or company. He said he had a “nagging doubt” whether these options were fully appreciated by lawyers within Caricom, not to mention the clients whom they advise.
Referral
He said there were two other sources from which matters could go to the CCJ – by way of the referral of a question of interpretation or application of the Treaty by a national court, and by way of a request for an advisory opinion.
Referral to the CCJ of any question or issue arising in proceedings before the national courts which involve the interpretation or application of the treaty to the CCJ was an important part of the exclusivity of the regional court’s jurisdiction. If the resolution of such an issue is necessary for the national court to deliver judgment, then that court “shall
