CCJ to rule in two jurisdictions

Published: Monday | December 7, 2009

The Caribbean Court of Justice (CCJ) will function in two jurisdictions, an original jurisdiction and an appellate jurisdiction.

The CCJ, in its appellate jurisdiction, will apply the laws of the member states from which it is hearing appeals.

In the exercise of its original jurisdiction, the CCJ will be performing the role of an interna-tional court, applying rules of international law in interpreting and applying the revised Treaty of Chaguaramas.

Method of selection

These judges are chosen by the Regional Judicial and Legal Services Commission (RJLSC), a regional body established by the Agreement Establishing the Caribbean Court of Justice.

The RJLSC should comprise 11 members which are the Court President, who is the chairman of the commission; two persons appointed jointly by the Organisation of the Commonwealth Bar Association and the Organisation of Eastern Caribbean States Bar Association; one chairman of the Judicial and Legal Services Commission of a contracting party; one chairman of the Public Service Commission of a contracting party; two persons from civil society nominated jointly by the secretary general of the community and the director general of the OECS; two distinguished jurists nominated jointly by the dean of the Faculty of Law of the University of the West Indies, the deans of the Faculties of Law of any of the contracting parties and the chairman of the Council of Legal Education; and two persons nominated jointly by the Bar or law associations of the contracting parties.

The judges are guaranteed security of tenure by provisions of the agreement.

Removal of judges from office requires an affirmative recommen-dation of a tribunal established for the purpose.


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