Commonwealth Caribbean Law and Procedure: the Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU) the most important being that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book.
Also, the book:
This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, governmental and non-governmental organisations from the Caribbean region.
Introduction 1.The Relevance of the Referral Procedure to the Achievement of Uniformity in the Interpretation and Application of Community Law 2. Does Article 214 RTC Impose a Duty on National Courts and Tribunals to Refer to the CCJ? 3. What is a “court or tribunal” of a Member State? 4. The Referral Procedure from the Perspective of the Referring Court 5. The Referral Procedure from the Perspective of the CCJ 6. Problems Raised by Article 214 RTC But Not Resolved