The Necessity of a Harmonious Legal Integration between the Penal Policy and Ohada's Policy

Abstract

Created to promote and secure the business environment in Africa, the Organization for the Harmonization in Africa of Business Law (OHADA) has established legal standards and institutions resulting from the application of '' a community-based integration policy.In its conceptualization, this integration policy insists on the harmonized legal and institutional framework to establish a climate marked by serenity and favorable to cross-border trade.However, the penal aspect established by the integration policy and intended to strengthen the achievements of this Organization raises difficulties for its implementation. The latter is manifested mainly by the reluctance of states to cede part of their criminal sovereignty in favor of community organization. That results in an inconsistency between the Organization's integration policy and that relating to the criminal area that would need to be resolved.Consequently, the search for coherence between the criminal policy of OHADA and the policy of Integration is evident and necessary. It can only be done through reform of penal policy by adopting appropriate mechanisms and legal instruments to confirm the impotence of such an initiative.

Keywords: coherence, OHADA, integration policy, penal policy.

DOI: 10.7176/JLPG/121-06

Publication date:May 31^st 2022