The East African Court of Justice Rules of Procedure 2013
SIXTH SCHEDULE: PROCEDURE FOR A REFERENCE FOR
PRELIMINARY RULING
(Rule 76)
(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, to the Partner States and to 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 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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