Dec 14, 2018 Last Updated 3:27 PM, Dec 12, 2018

DO DECISIONS OF THE COMMUNITY NOW TAKE EFFECT IMMEDIATELY IN DOMESTIC LAW?

The Court held that, in the absence of any indication to the contrary, a valid decision of a Community Organ or Body is immediately binding at the Community level. Domestic legislation is not required for the creation of a legally binding right for Community nationals at the Community level.

This does not mean that a decision or treaty of CARICOM has immediate and direct effect in national law. This means that Community law, whether created a by a treaty or decision, establishes an obligation for Member States to comply with the treaty or decision. Compliance by a Member State may require amendment of legislation; however, the Community law does not amend national legislation and cannot be enforced at the national level without such transformation into domestic law (Article 240).

Community law or obligations may be enforced at the Community level via any of the dispute settlement mechanisms set out in Chapter Nine of the Revised Treaty. This includes application to the Caribbean Court of Justice in its Original Jurisdiction by a Member State, the Community or a CARICOM National. Member States are obliged, however, having consented to the creation of Community obligation, to ensure that their domestic law reflects and supports Community law.

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