Financing the Court

Concerns have been expressed that the Judges of the Court would be paid by governments which can exert decisive informal pressure on them to deliver judgements favourable to this or that government.  In order to pre-empt this eventuality and fund the Caribbean Court of Justice in perpetuity, a Trust Fund of US $100 million has been established, so as to enable the expenditures of the Court to be financed by income from the Fund.  In this way, the expenditures of the Court, including the remuneration of the Judges, is not dependent on the disposition of governments.  As a consequence, the CCJ is the only integration court of its kind financially independent of the largesse of governments and free from their administrative control.  The Caribbean Court of Justice Trust Fund is administered by a Board of Trustees drawn from regional entities.

The Preamble of the Revised Agreement Establishing the CCJ Trust Fund recognizes the importance of adequate and secure funding to the sustainability, independence and credibility of the Court.  It states:

“The Parties to the Agreement Establishing the Caribbean Court of Justice:

Cognisant that the Court is indispensable for the good governance of the Caribbean Community;

Recognising the critical role of the Court in the efficient administration of Justice in the territories of the Contracting Parties to the Agreement establishing the Court;

Recognising further that the Court is vital for the structured and efficient functioning of the CARICOM Single Market and Economy;

Noting the provisions of Article XXVIII of the Agreement establishing the Court which requires the expenses of the Court and the Commission to be borne by the Contracting Parties to the Agreement establishing the Court;

Conscious that the financial viability of the Court is essential for its efficiency, effectiveness and independence in the performance of its functions;

Bearing in mind the decision of the Twenty-Third Meeting of the Conference of Heads of Government of the Caribbean Community concerning the capital and recurrent expenditures of the Court;

Determined to promote and safeguard the independence, integrity and credibility of the Court,

Have agreed …