Function and Powers

The main functions of the Commission are set out in Article V.3(1) of the Agreement. This Article provides that: 

      The Commission shall have responsibility for:

  • making appointments to the office of Judge of the Court, other than that of President;
  • making appointments of those officials and employees referred to in Article XXVII and for determining the salaries and allowances to be paid to such officials and employees;
  • the determination of the terms and conditions of service of officials and employees; and
  • the termination of appointments in accordance with the provisions of the Agreement

The Agreement also sets out other functions of the Commission.
These functions include:

  • the exercise of disciplinary control over Judges of the Court, other than the President, and over officials and employees of the Court; Article V.3(2).
  • the making of recommendations to the Heads as to the person to be appointed President and for the removal of the President from office; Article IV.6.
  • the determination of the terms and conditions and other benefits of the President and other Judges of the Court with the approval of the Heads of Government; Article XXVIII as amended.
  • the making of Regulations -
  • to govern the appointment, discipline, termination of appointment and other terms and conditions of service and employment for Judges, other than the President, and officials and employees of the Court,
  • to prescribe the procedure governing the conduct of such proceedings, and
  • generally, to give effect to the Agreement; Article XXXI

Additional Responsibilities of the Commission

This would apply to the following:

  • Under Article 172 of the Revised Treaty of Chaguaramas, the Commission has the responsibility for appointing the members of the CARICOM Competition Commission.
  • And by Article V of the Statute of the Caribbean Community Administrative Tribunal, the Commission also has responsibility for selecting the members of the Tribunal.

Understanding the Appointment Process

The process for the appointment of Judges of the Caribbean Court of Justice is illustrated below for ease of reference.