Competencies

The WAEMU Court of Justice is vested with the task of monitoring the application and interpretation of the Treaty and acts derived therefrom. In this capacity, it has jurisdiction over :

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Actions for failure to fulfil obligations
This procedure enables the Court to monitor compliance by the Member States with their obligations under the Treaty. This procedure may be initiated either by the Commission or by a Member State after prior referral to the Commission. If the Court finds that the Member State has failed to fulfil its obligations, it must immediately put an end to the situation.

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Actions for assessment of legality
Actions for assessment of legality are brought against binding Community acts: regulations, directives and decisions, as well as individual decisions adversely affecting an individual.

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Full competition litigation
The Court of Justice rules on decisions and penalties imposed by the Commission on companies that have failed to respect the principle of free competition or have abused their dominant position on the Union market.

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Appeals by Union staff
The Court shall rule on any dispute between the bodies of the Union and their servants under the conditions laid down in the Staff Regulations.

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Action for non-contractual liability
This action, based on non-contractual liability, enables the Court to determine the Union’s liability for damage caused by the institutions or its servants in the performance of their duties.

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Preliminary ruling
When a problem of interpretation of the Union Treaty or of the legality and interpretation of secondary Community legislation arises before a national court, the latter stays proceedings and asks the Court of Justice for a preliminary ruling on the interpretation to be given. This is because the Court of Justice alone has the power to interpret the provisions of Community law and is the supreme guardian of Community legality.

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Opinions and Recommendations
At the request of the Commission, a Member State or the Council, the Court may give opinions. These opinions are advisory. It may also make recommendations.

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Arbitration clauses
The Court also acts as arbitrator by virtue of a compromise drawn up by the Member States when a dispute arises concerning the interpretation or application of the Treaty.

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