East African Community Court of Justice
Rules of Procedure, 2019.
SIXTH SCHEDULE
PROCEDURE FOR A REFERENCE FOR
PRELIMINARY RULING
(Rule 126(1))
(1)
In the cases governed by Article 34 of the Treaty, the decision
of the court or tribunal of a Partner State which suspends its
proceedings and refers a case to the Court shall be notified to the
Court by the court or tribunal concerned.
(2)
The decision shall then be notified by the Registrar to the parties,
the Partner States, the Secretary General and to the Organ or
Institution of the Community which adopted the act the validity
or interpretation of which is in dispute.
(3)
Within two (2) months of this notification, the parties, the Partner
States, the Secretary General and, where appropriate, the Organ
or Institution which adopted the act the validity or interpretation
of which is in dispute, shall be entitled to submit statements of
case or written observations to the Court.
(4)
The statements of case or written observations which have been
lodged under paragraph (3) above shall also be served on the
parties and the other persons referred to in paragraph (2) above.
(5)
The date of the hearing shall be notified to the parties and those
other persons referred to in paragraph (2) above at the same time
as the documents referred to in paragraph (3) are served.
(6)
As regards the representation and attendance of the parties to the
main proceedings in the preliminary ruling procedure, the Court
shall take account of the rules of procedure of the national court
or tribunal which made the reference.
(7)
Where a question referred to the Court for a preliminary ruling is
identical to a question on which the Court has already ruled, or
where the answer to such a question may be clearly deduced from
existing case-law, the Court may, at any time give its decision
by reasoned order in which reference is made to its previous
judgment or to the relevant case-law.
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