The Referral Process: Workshops, Lectures, Seminars

Article 214 of the Revised Treaty (and Article XIV of the CCJ Agreement) requires national courts and tribunals to refer domestic cases involving the interpretation or application of the Revised Treaty to the CCJ for determination.  To date there has been no referrals to the CCJ and this may indicate a need for sensitization of the Bench and Bar on the referral process.

Referrals have proved invaluable to the development of the jurisprudence of the European Union (EU). In fact most of the foundational doctrines of EU law such as direct effect and supremacy have developed through this mechanism. The potential exists for a similar trajectory in the development of Community law relating to the Caribbean Single Market and Economy (CSME). The exploration of this untapped market presents an invaluable opportunity for engagement of the CCJ in fulfilment of its mandate to facilitate the development of the CSME.

With this is mind, CALCA has commissioned the preparation of a Manual on the Referral Process and intends to support a series of lectures, workshops, and seminars on the subject.