The Caribbean Court OF Justice- Belize’s Final Court of Appeal. [76], The President of the CCJ is appointed or removed by the qualified super majority vote of three-quarters of the Contracting Parties on the recommendation of the RJLSC. The Caribbean Court of Justice (CCJ) was established in 2005. [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. 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. It is critical to the success of the CARICOM and regional integration. [76], Article III of the Agreement establishing the CCJ provides that The Seat of the Court shall be in the territory of a Contracting Party as determined by a qualified majority of the Contracting Parties. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. The Caribbean Court of Justice in its continued Public Education Programme, on the 22-23 May, 2003 launched its public education programme in Haiti. The Caribbean Court of Justice (CCJ; Dutch: Caribisch Hof van Justitie; French: Cour Caribéenne de Justice[1]) is the judicial institution of the Caribbean Community (CARICOM). The Caribbean Court of Justice (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. [4], Further to the perceived need for an indigenous, regional court as a tribunal of last resort in civil and criminal cases, other factors eventually led to the strong support for the creation of a judicial arm of the CARICOM. [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. Caribbean Court of Justice (CCJ) The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. All other member states have British-based legal systems with the CCJ itself being predominantly modeled after the British system. [56], In May 2015, the Jamaican House of Representatives approved, with the necessary two-thirds majority, three bills that would end legal appeals to the Judicial Committee of the Privy Council and make the Caribbean Court of Justice as Jamaica's final Court of Appeal. [20][22] As a result, CCJ appellate opinions do not shield judges behind a singular and collective [21], While having a seat in Trinidad, the Court is also given the authority (under the same Article III of the Agreement establishing the CCJ) to sit, as circumstances warrant, in the territory of any other Contracting Party. 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. Caribbean Court of Justice would be better utilized to improve the local courts. The CCJ Trust Fund cannot solicit or accept any extra donations unless all the member states agree to do so. [27], The framework of the CCJ provides many layers of protection from political pressure and influence in both the appellate and original jurisdictions:[20], In January 2020, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) of Germany, announced the results of a Judicial Integrity Scan that they had conducted on the CCJ. It is located in Port-of-Spain, Trinidad. This means that parties in dispute under the Treaty only have judicial resolution in this court. [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. It is located in Port-of-Spain, Trinidad. The founding document of the CARICOM, the Treaty of Chaguaramas, was signed by the so-called "Big Four" states: Barbados, Jamaica, Guyana and Trinidad and Tobago, all of which had gained their political independence from the UK during the 1960s. a state which has executed the agreement establishing the CCJ), a state exercising civil law jurisprudence common to Contracting Parties. 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. From Mapcarta, the free map. [26] The commission is composed of the following persons: the President of the Court who is also the Chairman of the commission; two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association; one chairman of the Judicial Services Commission of a contracting state selected in rotation in the English alphabetical order for a period of three years; the Chairman of a Public Service Commission of a contracting state selected in rotation in the reverse English alphabetical order for a period of three years; two persons from civil society nominated jointly by the Secretary-General of the Caribbean Community and the Director General of the OECS for a period of three years following consultations with regional non-governmental organisations; 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 states 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 Caribbean Court of Justice » The Regional Judicial and Legal Services Commission", "The Caribbean Court of Justice » CCJ Trust Fund", "Commonwealth Caribbean Law and Legal Systems, Second Edition by Rose-Marie Belle Antoine, 1998", Study finds high level of confidence in integrity of CCJ, "Leaving the Privy Council could hit foreign direct investment – Business", Home Office: Immigration and Nationality Fees, 6 April 2015, "The Privy Council should hold sittings in Mauritius as from next September", "How many of us could really go to the Privy Council, Holness? He said the opposition People's National Movement was fully supportive of adopting the CCJ as a final appeals court on all matters, both civil and criminal. The Caribbean Court of Justice has been held up as an model of how to choose judges for international courts. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. [citation needed] Several politicians[who?] 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. For example, the Judges in the Fiji cases of Parkas (2001) and Square Caribbean Court of Justice By impregnating dicta of our own President Haynes, pertaining to the doctrine of state necessity in the Maurice Bishop murder trial in 1986. The main purpose of the CCJ in the Caribbean is for us, as Caribbean people, to have our own court so we cannot be dependant on others. He opined that due to the distance of the colonies from the UK and the immense variety of matters arising from them which would be foreign to British habits, that any court in the UK would be extremely inadequate for the colonies. [49] After the passage of the bill, PM Barrow signed the order in May 2010 to abolish appeals to the Privy Council beginning on 1 June that year.[50]. The Caribbean Court OF Justice- Belize’s Final Court of Appeal. The primary decision makers in the JCPC's pool are the privy councillors who also serve as judges on the Supreme Court of the United Kingdom and tend to be the only ones listed on the JCPC's website. [75][74], The Caribbean Court of justice currently consists of 7 Judges (including the President), though under the Agreement establishing the court there can be a maximum of 10 Judges including the President. [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. In 2007, the People's United Party (PUP)-led government introduced the Caribbean Court of Justice Bill, but due to the opposition of United Democratic Party (UDP) members, it did not achieve the required three-fourths majority. [20], Once a judge is appointed, they are allowed to hold office until the age of 72,[20] but are allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard. In 1972 consideration was being given by the OCCBA for the proposed Caribbean Court of Appeal to serve as both a municipal court of last resort and an international tribunal to adjudicate disputes between CARICOM member states. The actual number of judges eligible for JCPC at any given time is actually difficult to determine with one 2009 estimate having ninety-five jurists, of which only three were Caribbean judges. 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. The Caribbean Court of Justice ("the CCJ"regime established by the Revised Treaty operates, initially, at the international plane and creates rights and obligations for the sovereign states of Caricom only as subjects of international law. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Grenada and Antigua & Barbuda would require referenda before being able to accede, while St. Lucia and St. Vincent & the Grenadines would need a parliamentary majority approving accession along with a judicial resolution. Even appointment to the RJLSC itself is done by relatively independent jurists, including the deans of the law school at the. 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. That is a slap in the face to our independence! [21], The President may only serve for one, non-renewable 7-year term or until the age of 72 (whichever is earlier)[20][21] but is allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard. 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. Political pressure is not permitted to reach the judges through member state appointment as occurred in the defunct. The CCJ sits at 134 Henry Street in Port of Spain. [3], In July 2015, the St. Lucian government announced that intended to soon table legislation that would replace the Privy Council with the CCJ. As a unique feature of international and integration courts. [79], Located at 134 Henry Street, Port of Spain[80] the CCJ's building is open to the public from 8 am to 4 pm weekdays but closed on weekends. The Caribbean Court of Justice ("the CCJ"regime established by the Revised Treaty operates, initially, at the international plane and creates rights and obligations for the sovereign states of Caricom only as subjects of international law. [33] Regardless of whether or not a visa is required, all litigants would also have to pay for accommodation and any other necessary expenses in the UK for the duration of the litigation. In Caribbean Community …CARICOM had officially inaugurated the Caribbean Court of Justice (CCJ), which replaced the Judicial Committee of the Privy Council in London. The Agreement Establishing the Caribbean Court of Justice came into force on 23 July 2003, and the CCJ was inaugurated on 16 April 2005 in Port of Spain, Trinidad & Tobago, the seat of the Court. In the event that the President is unable to perform the duties of office (or if there is a vacancy in the office of President), the most senior Judge shall perform the role of President and shall be appointed to perform that role by the Chairman of the Conference of Heads of Government of CARICOM until the President can resume those functions or, in the case of a vacancy in the Presidency, until someone has been appointed to and assumes the functions of the office. "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? Further noting that St. Lucia's Attorney General had received an advisory opinion from the Court of Appeal to a possible erroneous section that the provision in question had referred to; the Court of Appeal agreed by a 2–1 majority that there was indeed an error in the Constitution. From Mapcarta, the free map. [20] Additionally, Jamaican and Guyanese citizens are required to obtain visas before travelling to the UK, and for these citizens the cost of a UK visa would range from £85 to £737 (or US$131 to US$1,138) depending on the type of visitor visa applied for. [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. Browne-Wilkinson also advocated for the establishment of a regional Caribbean court of last resort. View Tyrone Bailey’s profile on LinkedIn, the world's largest professional community. [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. example, there are cases in the local courts where the accused awaits trial for over five years, the conditions of the prisons are considered inhumane, and the lack of trained staff is an impediment towards achieving justice … "Whether we do that now is a matter for political debate and a matter that [the government] will have to discuss and consider", Sir Michael told the Nassau Guardian following the opening ceremony of the Caribbean Association of Judicial Officers Conference. Roget V. Bryan, "Towards The Development of a Caribbean Jurisprudence: The Case for Establishing a Caribbean Court of Appeal", This page was last edited on 22 January 2021, at 07:38. In 2003 the Parliament of Barbados passed the Caribbean Court of Justice Act and the Constitution (Amendment) Act, and they were brought into force by Proclamation on 8 April 2005. Visitors may partake in guided tours of individuals and groups of 20 or less facilitated by the Court. 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. [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. 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). This new book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. Caribbean Court of Justice is a courthouse in Port of Spain. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. Photograph: Robin Utrecht/EPA Fri 10 Sep 2010 09.32 EDT [28], In 2005, a broadly identical Agreement was signed between Trinidad and Tobago and the newly established CCJ and RJLSC establishing the seat of the CCJ and Offices of the RJLSC in Trinidad and Tobago[78] as was required under Article III of the Agreement establishing the CCJ itself. No other judgments or opinions are permitted to be given or delivered. Individual litigants are expected to almost always face reductions in the costs associated with pursuing their cases whenever a switch to the CCJ is made. "voice of the court" as the ECJ and the CCJ's original opinions do,[20][22] and the practice is in keeping with the normal procedures of municipal courts. Barbados and Guyana acceded to the CCJ's appellate jurisdiction in 2005, with Belize joining them in June 2010, and Dominica in March 2015. [citation needed], The British-based court has been perceived as having too much power in the Caribbean region. The Caribbean Court of Justice The Caribbean Court of Justice continues to play its part in the operationalization of the CSME. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. This is done consequently as appeals "as of right" and "as of leave" (where leave is required by the local Court of Appeal or the JCPC itself). [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. In the five years that followed immediate after the switch to the CCJ, twelve appeals were heard from Barbados. Any decision regarding the Fund requires consensus or, failing that, a two-thirds majority. The Caribbean Court of Justice (CCJ) by a 6-1 majority upheld the constitutional amendment on term limits for Presidential Candidates in Guyana and overturned the decisions of the Guyana... Crime & Security As far back as 1828, the man responsible for remodelling the Judicial Committee of the Privy Council, Lord Brougham, had raised the issue of removing colonies from the Privy Council's jurisdiction. [7], Lord Brougham's sentiments were echoed nearly 200 years later in 2003 by Lord Hoffman, a Law Lord from 1995 to 2009, when he noted that although the Privy Council had done its best to serve the Caribbean and had effected improvements in the administration of justice, the remoteness of the court from the community served as a handicap. CariLaw Caribbean Collection . [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. 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