definition given in the Dictionary of Words and Phrases Legally Defined is
appropriate in the present circumstances where it is defined as:
“The authority which a Court has to define matters that are litigated
before it or take cognizance of matters presented in a formal way for its
decision. The limits of this authority are inspired by statute, charter or
commission under which the Court is constituted, and may be extended
or restricted by like means”.
26. The jurisdiction conferred on this Court following the above definition is to
be found in Article 23(1) of the Treaty which provides as follows:
“The Court shall be a judicial body which shall ensure the adherence to
the Law in the interpretation and application of and compliance with
this Treaty”.
27. A closely related but distinct provision is Article 27(1) of the Treaty which
states that:
“The Court shall initially have jurisdiction over the interpretation and
application of this Treaty: provided that the Court’s jurisdiction to
interpret under this paragraph shall not include the application of any
such interpretation to jurisdiction conferred by the Treaty on organs of
Partner States”.
28. The Treaty, and of importance in the present Reference, also provides in
Article 30 that:
“1.Subject to the provisions of Article 27 of this Treaty, any person who is
resident in a Partner State may refer for determination by the Court, the
legality of any Act, regulation, directive, decision or action of a Partner
State or an institution of the Community on the grounds that such Act,
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