The Burden of Enforcing ECOWAS Court Judgement in Member States: Lessons from The European Court of Justice

Abstract

The enforcement of judgments by the Economic Community of West African States (ECOWAS) Court of Justice poses significant challenges within its member states, mirroring issues faced by other regional judicial bodies. This paper examines the burden of enforcing ECOWAS Court judgments and draws comparative lessons from the European Court of Justice (ECJ). By analyzing the ECJ's mechanisms for ensuring compliance and the integration of its jurisprudence into national legal systems, the study highlights best practices and potential strategies for ECOWAS. The analysis reveals that enhanced legal frameworks, stronger institutional support, and increased political will are essential for effective enforcement. Recommendations/suggestions include adopting ECJ-like procedures such as preliminary rulings, sanctions for non-compliance, and fostering a culture of legal cooperation among member states. This comparative approach aims to provide a pathway for improving the efficacy of the ECOWAS Court and bolstering the rule of law within the region.

Keywords: Court, Enforcement, ECOWAS, Member States, European Court of Justice

DOI: 10.7176/JLPG/142-03

Publication date: September 30^th 2024