exhaustive list, this cannot be interpreted to include an entity that is not listed, even
if it has the same attributes.
99. In the instant H.equest, however, the CoUJi cannot subs I itute itself and
assume the functions of Lhe legislature, where lhe latter's intention is clear and
unequivocal.
I 00. For these reasons, the Court
Unanimously,
1).
Finds that it has jurisdiction to give the advisory opinion requested;
(2).
Decides that the Request for an advisory opinion is admissible;
(3).
Replies in the folJowing manner lo the questions put by the Committee:
4.
1.
That the Committee is an organ of Lhe Union and has standing to
1·equest for an advisory opinion under Article 4 ( 1) of the Court
Protocol;
u.
That the Committee is not an 'African Intergovernmental
Organization', withi n the meaning of ArLicle 5(1) (e) of the Court
Protocol;
w.
The Court is of the view that it is highly desirable U1at the Committee
is given direct access to the Court under Article 5 (1) of the Protocol.
There shall be no order as to costs.
Done, at Addis Ababa this Fifth Day of Decemb er 2014, in the English and French
languages, the English text being authoritative.
30