2.
The Court shall have such other original, appellate, human rights and
other jurisdiction as will be determined by the Council at a suitable subsequent
date. To this end, the Partner States shall conclude a protocol to operationalise
the extended jurisdiction.
ARTICLE 28
Reference by Partner States
1.
A Partner State which considers that another Partner State or an organ or
institution of the Community has failed to fulfil an obligation under this Treaty
or has infringed a provision of this Treaty, may refer the matter to the Court for
adjudication.
2.
A Partner State may refer for determination by the Court, the legality of
any Act, regulation, directive, decision or action on the ground that it is ultra
vires or unlawful or an infringement of the provisions of this Treaty or any rule
of law relating to its application or amounts to a misuse or abuse of power.
ARTICLE 29
Reference by the Secretary General
1.
Where the Secretary General considers that a Partner State has failed to
fulfil an obligation under this Treaty or has infringed a provision of this Treaty,
the Secretary General shall submit his or her findings to the Partner State
concerned for that Partner State to submit its observations on the findings.
2.
If the Partner State concerned does not submit its observations to the
Secretary General within four months, or if the observations submitted are
unsatisfactory, the Secretary General shall refer the matter to the Council which
shall decide whether the matter should be referred by the Secretary General to
the Court immediately or be resolved by the Council.
3.
Where a matter has been referred to the Council under the provisions of
paragraph 2 of this Article and the Council fails to resolve the matter, the
Council shall direct the Secretary General to refer the matter to the Court.
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