At a news conference yesterday at CARICOM headquarters in Georgetown, he said the legal instrument of ratification for the establishment of the CCJ has now been established with Guyana becoming the third member state to submit its ratification, on July 23, in accordance with the requirement of ratifications from three member states for it to come into legal effect.

The next stage is the preparatory work for the Court to become operational, and in this respect moves are already being made to establish a Legal and Judicial Service Commission which will be responsible for the recruitment of staffing for the Court.

"The legal instrument is in force but the Court is not operational...at the end of the day that is what we really want it to become - operationalised and functioning effectively and efficiently for the people. That Court...however, is critical to the long-term development of our economies and for the revival that we are talking about.

"The Court has a critical role to play because it is a central pillar for the Single Market and Economy which we all agree is the only valid and viable approach to development for this region," Carrington emphasised.

The principle upon which the CCJ will be financed has also been agreed upon by the member states and the mechanics and sourcing of funds are now being pursued, he reported, pointing out that the Caribbean Development Bank (CDB) which has a "Triple A" standing in the international financial community, has been tasked with the responsibility of raising US$100M which will be used as a Trust Fund and earnings from it will go towards financing the operations of the Court. The cost of running the operations annually is estimated at US$5M.

Repayments for the US$100M raised by CDB will be done in accordance with arrangements that will be worked out by the individual governments, the Secretary General said, adding that funding should also be obtained from the European Development Fund under the Cotonou Agreement.

A contentious issue that surrounded the formation of the CCJ was ensuring that it was free from political interference and influence and in this regard Coordinator of the CCJ project, Mr. Sheldon McDonald explained that the structure and recruitment process of the staffing will not allow political interference or prejudices.

He pointed out that the Legal and Judicial Service Commission, which will be responsible for the entire recruitment process, will be made up of representatives of the legal profession and will be void of political appointees.

McDonald said the Commission will comprise members of private Bar Associations, the Council for Legal Education and the Dean of the Faculty of Law, University of West Indies, among others.

He said member states will now have to make the necessary legislative changes to incorporate the CCJ as a third tier of their legal system.

However, Legal Consultant to the CCJ project, Mr. Duke Pollard observed that some countries which are linked with the Privy Council of London, may have some difficulties to de-link from it, because of constitutional complications.

Unlike the situation with the European Court of Justice, where judges are appointed by the Ministers of Government, judges of the CCJ will be appointed by the Judicial and Legal Services Commission whose composition should offer a reasonable degree of comfort to the Court's detractors, he said.

Of its nine members, four are to be appointed on the recommendations of the legal fraternity; two are to be the chairpersons of national judicial service commissions; one is to be a chairperson of a national public service commission, one is to be the Secretary General or his Deputy and the other is to be the President of the Court.

The President of the Court is appointed by the Heads of Government of participating states on the recommendation of the Commission and may be removed for cause only on the recommendation of the Commission on the advice of a tribunal established for the purpose.

"In effect, the Caribbean Community will be the only integration movement whose judges are not directly appointed or elected by states," Pollard declared.

ALARM BELLS
Carrington noted that Heads of State can accept or reject appointments but cannot 'alter' them; if they do not agree with an appointment they cannot appoint someone of their choice. The matter is referred back to the Commission where another recommendation will be made, he said.

The Secretary General also observed that the Court will be more affordable for clients because it will be itinerant.

Adviser on the CSME, Ms. Desiree Field-Ridley gave the assurance that the rights of the consumer will be protected by the CCJ within the context of the Treaty on the CSME.

Earlier, Carrington had observed that the economic situation in the region is not flattering, pointing out that most countries have experienced a downturn in economic performance. He singled out Dominica as among the hardest hit because of the loss in banana markets.

He described the region's economies as "sluggish at best and diminishing at worst", noting that there have been negative social consequences including unemployment, increased crimes and insecurity.

He added that the situation has been exacerbated by the recession in the American economy to which the Caribbean's economies are inextricably linked.

This has direct consequences for the corporate structure, Carrington said, and identified the taking over of the Trinidad Cement Limited (TSL) by CEMEX as a notable example, stating, "alarm bells are being rung" on the globalisation and industrialisation process.