Regional Organization: Central African Economic and Monetary Community

CEMAC Date of Establishment: June 25, 1999

CEMACCJ Date Operational: December 14, 2000

CEMAC Seat: N’Djamena, Chad

States Subject to CEMACCJ Jurisdiction: Cameroon, Central African Republic, Congo, Equatorial Guinea, Gabon and Chad

Number of Cases Received by the Court: 22 decisions, 5 advisory opinions

The Central African Economic and Monetary Community (CEMAC) is the continuation (envisioned in 1994) of the Customs and Economic Union of Central Africa (UEAC/UDEAC) created in 1964. The CEMAC consists of two Unions, the Economic Union of Central Africa (UEAC) and the Monetary Union of Central Africa (UMAC). The Community Court of Justice is one of the organs of the overarching Community. One of the main goals of the CEMAC is the creation of a “true African Common Market.” The Court is composed of a Judicial Chamber and Chamber of Auditors. Both chambers are functioning.

The Convention Governing the Court of Justice and the Additional Acts bringing the statutes of each chamber lay out the jurisdiction, method of seisin and power of the Court. The Judicial Chamber can be seized by request of a member State, the Executive Secretary, an institution or an organ of the Community and any legal person. This exceptionally generous provision for standing is tempered by very specific language on when the Court sits as a court of first and last resort, solely as a court of final resort and in an advisory position.

The Court sits as a tribunal of both first and last resort in cases between member States in connection with the Treaty and other Community legal texts if submitted to it. It also has this role in all cases between the Community and its agents. It acts as the court of last resort in litigation regarding damages caused by the organs and institutions of the Community or their agents. Interestingly, in the latter cases, the Convention specifies that the Court must take into account when determining indemnification, the general principles of law common in the municipal laws of the member States. The Judicial Chamber acts also as court of appeal and court of last resort for cases between the Banking Commission of Central Africa and those credit establishments subject to the latter.

The broad standing before the Judicial Chamber accorded by the Convention provides multiple avenues for the enforcement of the harmonization of laws and interpretation of the legal texts of the Community. Not only is the usual power given to member States to sue each other in connection with the Treaty and Community law, but also, the Executive Secretary, all other organs of the Community and all persons can seize the Chamber to review the legality of a legal act of a State party or a Community Organ and any other alleged violations of the Treaty or Community conventions.

To further ensure the conformity of interpretation and application of the Treaty and Community law, the Convention sets up a referral system modeled on the European Court of Justice’s Article 177 procedures under the Treaty of Rome. Where a national court or juridical organ of final resort receives a question of law regarding the interpretation of the Treaty and other legal texts of the Community or the legality and interpretation of statutes and acts of the CEMAC organs, it must refer the question to the Judicial Chamber. However, where appeal is available from such judicial entity, it may choose whether or not to seize the Judicial Chamber for an opinion. Where it does not do so, the Convention specifies that the national judicial entity must take into account any prior rulings of the Judicial Chamber, as such rulings are controlling. The General Secretary, any organ of the Community and any person can bring a failure to follow these procedures to the Judicial Chamber for review, thus ensuring that all persons affected by the failure of a national judicial entity to conform to the jurisprudence of the Judicial Chamber can use the Court to force that entity to comply rather than relying solely on political mechanisms.

To avoid the need for contentious cases on conformity with Community law, the Judicial Chamber may also provide advisory opinions on the conformity of legal acts and projects of member States and Organs of the Community.

The Judicial Chamber and the Chamber of Auditors are each composed of a judge from each member State. While the Bank of Central African States (BCEAO) and the Development Bank of Central Africa (two CEMAC institutions) have not worked with the Chamber of Auditors to the extent required, the Judicial Chamber has not been fully incorporated into the armory of the legal community of the region. To correct this problem, the Court conducts seminars to heighten public awareness of, and popularize, the Court.

The Court is subject also to competition from the Common Court of Justice and Arbitration of the Organization for the Harmonization of African Business Law (OHADA/OHABLA). Although the CEMAC Court is the ultimate arbiter of Community law, litigants may choose between applying the Community law or OHADA law, thereby also choosing the applicable forum.

The low number of cases seen by the Court results no doubt not only from the lack of knowledge of the Court and competition with OHADA, but also from the problems of armed conflict within the region and the other continental scourge of lack of funding. However, due to the broad standing provided before the Court, these problems have not left the Court wholly idle. Within the six years since its operationalization, the Court has issued 27 opinions in matters from banking law to common market regulations. The program of institutional reform heralded in the April 2006 summit of the CEMAC may bring changes in funding and rules that will allow the Court to take its intended place in the harmonization of CEMAC Community law. Further changes to the structure of the Community may result from the potential merger of the CEMAC with the Economic Community of Central African States (ECCAS/CEEAC).