The Caribbean Court of Justice (CCJ) yesterday held the first of two hearings, its first ever advisory opinion proceedings, which concern whether a member state of the Caribbean Community (CARICOM), may opt out of a decision of the Conference of Heads of Government to extend the class of workers allowed to move work freely across CARICOM, and the legal effect of such opting out.
These proceedings, initiated by CARICOM itself, are historic, being the first time this jurisdiction of the CCJ has been invoked. Further the opinion to emerge from these proceedings will assume landmark status as it will set the precedent on the legal validity of opt-outs, and the guidelines which regulate them.
Based on yesterday’s proceedings, the CCJ seems, thus far, of the view that a member state may legally opt-out of a decision of the Conference on conditions, and that such opting out would suspend obligations under the decision, leaving rights intact.