Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Original jurisdiction judgments and advisory opinions are delivered as a single judgment with no dissenting or separate concurring opinions or judgments allowed and record of the way judges voted in a majority ruling. The reasons given for the establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement from the British Judicial Committee of the Privy Council. provisions. [20], Although limited to only four states in its appellate jurisdiction at the moment, so far citizens of those states have been accessing the Court more than they did the JCPC. This signing was the starter's signal for a more mature, though at times slow and halting, process of regional integration among the states of the Commonwealth Caribbean. In the exercise of its appellate jurisdiction, the CCJ hears appeals from common law courts within the jurisdictions of parties to the Agreement Establishing the CCJ, and is the highest municipal court in the region.[7]. [22][23][24] This is in keeping with the practice of the ECJ and EFTA Court as international courts. Unlike some international courts (but similar to others such as the ECJ and EFTA Court), cases between member states, between CARICOM nationals, or between nationals and the state are all justiciable under the CCJ. #CARICOMNewsTime for 21 January, 2021 https://t.co/tqgbrquaff via @YouTube [20], By contrast, judgments or advisory opinions under the original jurisdiction of the Court are published in a single judgment of the court once the majority of judges have reached a conclusion after final deliberation. All other member states have British-based legal systems with the CCJ itself being predominantly modeled after the British system. [34] As the CARICOM has successfully pushed for visa free access by CARICOM nationals (except Haitians for now) to other member states, no citizen of any country that currently has the JCPC as its final court would need to apply for and exhaust financial resources obtaining a visa to travel to the seat of the CCJ or to any other state where the CCJ may sit. According to Douglas Mendes: You cannotcall yourselves independent if you go to a foreign court as yo… At least one member of the panel is required to be an expert in international law and one judge is also required to be from the civil law tradition, reflecting the presence of civil law jurisdictions such as Suriname and Haiti. While member states do vote in the selection of the president of the Court, political distance is maintained since it is the RJLSC alone which is responsible for selecting the nominees to the post of president for the member states to vote upon. – Columns", "Caribbean Court of Justice Electronic Filing – The Supreme Court of Jamaica", Privy Council Letters Support Government’s CCJ Position, "Jamaica to hear evidence arising out of the original jurisdiction matter Shanique Myrie v the State of Barbados", "Caribbean Court of Justice begins first itinerant session in Belize", "Replacing the Privy Council with the Caribbean Court of Justice in the OECS Countries." [57][58] The 2016 general election was held without the issue being resolved and resulted in the defeat of the People's National Party government and the election of a new Jamaican Labour Party government, led by Andrew Holness, which opposes implementing the reform without a referendum. This new book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. It is critical to the success of the CARICOM and regional integration. In Caribbean Community …CARICOM had officially inaugurated the Caribbean Court of Justice (CCJ), which replaced the Judicial Committee of the Privy Council in London. [26], The Commission itself has a number of responsibilities that help to ensure the independence and proper functioning of the CCJ. It has two jurisdictions: An original jurisdiction and an appellate jurisdiction. In its original jurisdiction, the CCJ is a court of first instance which applies rules of international law in respect of the interpretation and application of the Revised Treaty of Chaguaramas … Belize saw appeals roughly twice per year to the JCPC before switching to the CCJ in 2010[20] and subsequently saw 12 appeals in the four years since the first appeal to the CCJ from Belize in mid 2011. [28], Firstly, appeals to the JCPC in civil proceedings lie at the discretion of the local court where the case at hand is one of 'great general public importance or otherwise ought to be submitted to Her Majesty in Council for decision'[45] and where an amount or in dispute or claim (including property) is of, or exceeds, the prescribed statutory value. Prime Minister Anthony anticipated opposition and possible legal challenges to this move, and stated his government had no problems with that, even suggesting it would be interesting to see what pronouncement the Privy Council would make on the non-binding advisory opinion of the Court of Appeal. [59], In late 2009, controversy arose over the fact that the CEO[clarification needed] of a company involved in CCJ litigation was also the chairman of the Court's trust fund. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. [20] The CCJ has an e-filing system (which has been hailed as "impressive")[20] that makes provision for all court filing to be carried out electronically specifically in order to reduce to the cost to litigants of filing documents with the court and to keep its commitment of access to justice for all. Many Caribbean islands are no longer British colonies, but it is strange that they still feel comfortable being dependant on an institution of the same colony from which they became independent, to administer final steps of justice. The CCJ thus performs similarly to the European Court of Justice, EFTA Court, East African Court of Justice, the ECOWAS Community Court of Justice, the Andean Court of Justice and the International Court of Justice. The Caribbean Court of Justice is intended to be such an authoritative institution."[7]. "Caribbean integration – Centrifugal force", "Opposition leader blasts Trinidad and Tobago's ‘illegal and half-way’ move to join CCJ", Dana Seetahal, "CCJ — partial adoption as final court? The Caribbean Court of Justice The Caribbean Court of Justice continues to play its part in the operationalization of the CSME. Although it is not established to operate as an itinerant court,[40] the JCPC has maintained that it is willing to consider sitting outside the UK, but only where it receives an official invitation to do so from the chief judge and the government of the country or territory concerned, and where the full costs of the JCPC (that is airfare, travel, accommodations and other relevant costs) are covered by the hosts, and where there is sufficient work to justify such a visit. The hosting state is expected to provide a location for the Court to sit (as with the JCPC) and to provide ground transportation and security for the Court (as with the JCPC). Utilizing the Bangalore Principles of Judicial Conduct and the United Nations Convention against Corruption as a basis for the review, the GIZ endorsed many aspects of the CCJ's structure including the transparency and accessibility of its hearings and judgments; its use of a Code of Judicial Conduct and the high levels of adherence to this Code; the overall design of the Court itself and the RJLSC; and the recruitment and selection process for judges as handled by the RJLSC. General information: info@ccj.org Website feedback: feedback@ccj.org [20] This is especially true for cases where litigants may be unable to afford the cost of appearing before the seat of the Court and electronic and teleconferencing facilities are inadequate for the task. In 2012, following the 54th meeting of the OECS Authority, it was agreed that although all OECS members are committed to acceding to the CCJ's appellate jurisdiction as soon as possible the differing constitutional provisions of each member state meant that simultaneous accession was no longer the preferred option. [21] As with the other Judges, during the evolutionary phase of the Court (that is until the full complement of 9 Judges plus the President have been appointed), the RJLSC may extend the tenure of the President until the age of 75 or until seven years in office have been reached, whichever comes first. In 2011, Bahamian Chief Justice Sir Michael Barnett said The Bahamas should eventually abandon the Privy Council as the final court of appeal and move toward the Caribbean Court of Justice (CCJ). Jamaica and other CARICOM countries are taking steps toward making the CCJ their final appellate court. The Caribbean Court of Justice: Closing the Circle of Independence is a welcomed and much-needed contribution to the ongoing debate and a valuable starting. [77] This followed from the decision of the Contracting Parties for Trinidad and Tobago to serve as the headquarters[77] of the court in the 1990s and the promotion by Basdeo Panday (then Prime Minister of Trinidad and Tobago) of the CCJ and his desire to seek agreement with the Opposition to give effect to the Agreement establishing the CCJ and for Trinidad and Tobago to effectively act as the base for the Court. [43] Thus far the CCJ has sat on cases in Barbados, Belize, Guyana, Jamaica and in its seat of Trinidad and Tobago. All you need to know about the Court in one place. Gifford also said that his arguments in support of the CCJ were strictly practical and not based on the Privy Council's composition or being a "colonial relic". [21] Removal of a Judge by the RJLSC occurs only after the question of the removal of a Judge has been referred by the RJLSC to a tribunal and the tribunal has subsequently advised that the Judge should be removed for misbehaviour or an inability to carry out the duties of a Judge. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. It noted however that there was currently a gender imbalance among the judges that should be addressed in future recruitments and that RJLSC could institute a competition complaint filing procedure for unsuccessful applicants hoping to fill any vacancies as judges. President: 7 years or until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed, whichever is earlier. [25] Persons being appointed to the office of Judge (including the President) are supposed to have high moral character, intellectual and analytical ability, integrity, demonstrate sound judgment, and an understanding of people and society. [6][20][34] This combination of lower litigant cost for the CCJ, the Court's willingness to grant in forma pauperis and having a wider field of law to hear appeals on has enabled the CCJ to hear types of cases from the region that the JCPC has never known. The first case heard by the CCJ was in August 2005[8] and was to settle a "decade-long" libel court case from Barbados. Sir Michael said while the Privy Council has been useful, the CCJ would better serve the country's needs. He noted that such appeals occupied 25% of the Privy Council's time and he felt it was time for the Privy Council to be relieved of the Caribbean cases in order for the region to accede to full legal independence. Where there is no difference in seniority among the Judges, one of the Judges will simply be selected by the Heads of Government to perform the role of President in the event of a vacancy in Presidency or the inability of the President to perform the functions of office. The JCPC functions as a final appellate court in very restricted manner. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. [20][22] As a result, CCJ appellate opinions do not shield judges behind a singular and collective [20] In fact physical travel to the seat of the CCJ itself in some cases is not necessary as the court itself (like the JCPC) is itinerant and (unlike the JCPC), the CCJ makes extensive use of electronic and teleconferencing facilities to reduce the cost to litigants. For instance the cost of filing an appeal with the JCPC is more than five times greater than filing an appeal with the CCJ. This means that parties in dispute under the Treaty only have judicial resolution in this court. Dominica and St. Kitts & Nevis are the only members that would be able to take steps to accede to the CCJ's appellate jurisdiction during the course of 2012[65] as they only require a parliamentary majority to join up to the court. Caribbean Community. In the Caribbean, even express words may have different connotations. Tel: 1-868-623-2CCJ (2225) Fax: 1-868-627-1193. The launch and first round of the education programme in Haiti, targeted the Judiciary and Magistracy. The CCJ sits at 134 Henry Street in Port of Spain. Under the guidance of the local Ministries of Health and National… [citation needed] Several politicians[who?] The Eastern Caribbean Supreme Court is a court for the OECS, including 6 independent states and 3 British Overseas. [55] In February, the foreign affairs minister of Jamaica has also called on Trinidad & Tobago to sign on to the court's appellate jurisdiction to mark that country's 50th anniversary of independence. The Caribbean Court of Justice (CCJ) was established in 2005. Until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed. The Caribbean Court of Justice (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. [21][28], In 1999, Trinidad and Tobago signed an Agreement with the Caribbean Community establishing the seat of the CCJ and the offices of the RJLSC in that country. [7], In September 2009, Lord Phillips of Worth Matravers expressed sentiments close to those of Browne-Wilkinson a decade earlier. The Caribbean Court of Justice is intended to be such an authoritative institution. [51][52] In February 2005, the Privy Council declared that the CCJ-related companion bills passed by the Jamaican Parliament in 2004 were unconstitutional and therefore void. For Barbados there were eight appeals heard by the JCPC in the five years immediately prior to Barbados' accession to the appellate jurisdiction of the CCJ. Log into Facebook to start sharing and connecting with your friends, family, and people you know. [60], In April 2012, the prime minister of Trinidad and Tobago Kamla Persad-Bissessar announced in Parliament that it intended to abolish criminal appeals to the Privy Council in favour of the CCJ and would be tabling legislation to that effect. The court concluded that the procedure appropriate for an amendment of an entrenched provision – a referendum – should have been followed. [72], In February 2020 a new Caribbean Community Administrative Tribunal was created with the aim of settling employment disputes for staff at CARICOM's Secretariat and other Institutions which normally (like most international organizations) enjoy immunity from lawsuits in national courts over contract disputes. The Caribbean Court of Justice has been held up as an model of how to choose judges for international courts. Nathan White joined Alexander Ricks as a Counsel in 2019. As a result, all judges of the CCJ (unlike judges in the ECJ or the defunct SADC Tribunal) are free to make decisions without having to consider judicial term renewal. [53] The Privy Council sided with the appellants, including the Jamaican Council for Human Rights, the Jamaica Labour Party and others, ruling that to establish the CCJ as the country's final appeal court, without it being entrenched in the constitution would undermine the protection given to the Jamaican people by Chapter Seven of the Jamaican constitution. [28], The structural and practical limitations of JCPC appeals has meant that the range of precedent generated by the highest court for many Caribbean jurisdictions is confined to narrow categories, particularly capital punishment and high finance. [21], Under the Agreement establishing the court, at least three judges of the full complement of ten are required to possess expertise in international law including international trade law[21] and one judge is also required to be from the civil law tradition similar to such jurisdictions as Haiti and Suriname. While that decision would be up to the government of The Bahamas, Sir Michael said there is a "powerful argument to moving eventually toward the CCJ". Before Grenada could accede however the bill needed to be approved by a simple majority in Senate and then be approved by a 2/3 majority referendum. [citation needed], The British-based court has been perceived as having too much power in the Caribbean region. [21] The RJLSC appoints persons to be Judges (or recommends persons to be President of the Court) from candidates who have distinguished themselves in their careers either practicing or teaching law for at least fifteen years or being Judges of a court of unlimited jurisdiction in civil and criminal cases for at least five years. [70] Additionally three new pieces of legislation would be needed to facilitate the referendum on accession to the appellate jurisdiction – a Constitution Amendment Bill to amend the provisions of the Constitution on the Supreme Court Order, an amendment to the Referendum Act, and an amendment to the Representation of the People Act. Judges of the Court (including the president) may only be removed (by the RJLSC in the case of other judges or heads of government in the case of the president) by an affirmation of a tribunal specifically established for this purpose. Harry & Bryant Funeral Home in Myers Park was founded more than 130 years ago. [66], On 29 January 2015, it was announced that Dominica would become the fourth CARICOM member state to accede to both the original and appellate jurisdictions of the CCJ by early February 2015. 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