institutions or officials. However, the French version have not placed the same time limits on actions against member States. The French version provides as follows: “L’action en responsibilité contre la Communauté ou celle de la Communauté contre des tiers ou ses agents se prescrivent par trois (3) ans 4 compter de la réalisation des dommages” A literal interpretation of this sub Article reads; “Action in responsibility against the Community or action by the Community against third parties or its agents shall be considered as statute barred three years from the date the cause of action occurred”. “Tt is deducible from the above that actions against Member State being statute barred after three (3) years is absent in the French version”. More interestingly, the French version is the original text of the Protocol before its translation into English. Therefore, it follows that in interpreting this provision, the contents of the French version is to be preferred. This position is reinforced by international best practices and the provisions of the fundamental human rights enforcement procedures of most States, that claim for enforcement of human rights cannot be caught by limitation statutes. Ze

Sélectionner le paragraphe cible3