June 20, 2007

DID YOU KNOW? - REFERRAL TO THE COURT

REVISED TREATY OF CHAGUARAMAS ESTABLISHING THE CARIBBEAN COMMUNITY INCLUDING THE CARICOM SINGLE MARKET & ECONOMY

ARTICLE 214- REFERRAL TO THE COURT

"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. "
ARTICLE 223 - PRIVATE ENTITIES
Persons, natural or juridical, of a Contracting Party may, with the special leave of the Court, be allowed to appear as parties in proceedings before the court where:
1. The Court has determined that the person has a right or benefit under the Treaty.
2. The person has established that he has been prejudiced.
3. That the Contracting Party ( Member State) has omitted or declined to bring up the claim or has expressly consented to the person bringing the matter on his own behalf.
4. The Court has found that the interest of justice requires that the person be allowed to bring up his claim.
For additional information: email your questions to deidrepowell@googlemail.com

No comments: