AU/AEC institutions and the enforcement of community law

Abstract

An integral part of any legal system, and a key to its effectiveness, are the enforcement mechanisms provided to ensure compliance with its laws. In the context of economic integration, enforcement mechanisms are avenues through which community and national legal systems are linked. Enforcement of community law strengthens a community's legal system, at both community and national levels. It allows individuals to benefit from the integration process. This enhances the legitimacy of the community legal system, creates a national constituency with interest in community law and provides a focal point of interaction between national and community legal systems. Enforcement of community law occurs at both national and community levels. Indeed, unless there is effective enforcement at both levels, and a high level of coordination between them, community law will become ineffective. Put differently, a disjunction will be created between community and national legal systems, and the effectiveness of the community will be undermined. An essential feature of an enforcement mechanism that is likely to ensure the effective implementation of community law is its ability to take advantage of pre-existing law-enforcement regimes in member states. As Shaw has observed, ‘it is precisely because of the inadequate enforcement facilities that lie at the disposal of international law [community law] that one must consider the relationship with municipal law as more than of marginal importance’. Accordingly, proper relations between a community and pre-existing national law-enforcement institutions or mechanisms are important for community law's effectiveness. In the preceding chapter, we discussed how trilateral relations between individuals and courts at the national level and community courts can enhance the work of the latter. This chapter examines the extent to which this idea is reflected in the design of institutions responsible for the enforcement of the laws of the African Economic Community.