when such courts or parties in litigation expressly so request it within the strict context of the interpretation of the positive Jaw of the Community. Hence, the objection raised by the Defence regarding the ratione materae competence of the Comt must be declared admissible. B) AS TO THE STATUS OF THE APPLICANT 27. Moussa Leo KeYta is a natural person in Private Law, an ordinmy citizen of the State of Mali. 28. Having regard to Atticles 9 and IO cited above, the persons qualified to appear before the Court of Justice of ECOWAS-- in other words, the persons who have the status to bring cases before the Comt, are: • • • • The Member States ofECOWAS The Institutions ofECOWAS The StaffofECOWAS Individuals and corporate bodies in proceedings for the dete1mination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies • Individuals and corporate bodies victim of violation of Human Rights • The national comts or the pmties concerned, when the Comi has to adjudicate on preliminary grounds upon the interpretation of the Treaty, Protocols or Rules 29. Can Moussa Leo Keila justify his existence with respect to these persons and thereby enter into one of the above-mentioned groups? Yes, in the sense that Moussa Leo Keila is a natural person in Private Law. 30. But does this status empower him to bring an action, such as this, before the present Court? Unlik:e- oihei-lnte1:national comis of justice, such as the European Cou11 of Human Rights, the Community Comi of Justice, ECOWAS, does not possess, among others, the competence to revise decisions made by the domestic courts of Member States; it is neither a court of appeal nor a court of cassation (cour de cassation) vis-a-vis the national courts, and as such, the action of the Applicant cannot thrive. 8 Downloaded from worldcourts.com. Use is subject to terms and conditions. See worldcourts.com/terms.htm

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