The Inevitable Reforms of the Legislative Competencies of the East African Legislative Assembly

Kennedy Gastorn

doi:10.5771/0506-7286-2015-1-28

Contents
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- 3–64 Abhandlungen/Articles 3–64
- 65–73 Berichte/Reports 65–73
  - 65–68 Towards a Second Generation of Public Advisory Boards in Kyrgyzstan Sebastian Wolf Sebastian Wolf 65–68
  - 69–73 Conference Report: 39th Annual Meeting of the Arbeitskreis für Überseeische Verfassungsvergleichung Martin Wortmann Martin Wortmann 69–73
- 74–85 Buchbesprechungen/Book Reviews 74–85
- 86–95 Bibliographie/Bibliography 86–95
  - Bibliographie / Bibliography
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VRÜ Verfassung und Recht in Übersee , page 28 - 48

The Inevitable Reforms of the Legislative Competencies of the East African Legislative Assembly

Autoren

Kennedy Gastorn

DOI
- doi.org/10.5771/0506-7286-2015-1-28
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

This article examines the ongoing tension on the power to initiate bills between the East African Legislative Assembly (EALA) as a legislative organ of the East African Community (the EAC) and the EAC Council of ministers (the Council) as a policy organ of the EAC. It argues that the current tension can only be addressed through amending the Treaty for the Establishment of the East African Community of 1999 (the Treaty) and realigning the legislative processes by subjecting private members’ bills to the Council’s approval, which must not unreasonably be withheld. Any arbitrary denial of approval by the Council should be subjected to a judicial review by the East African Court of Justice. Currently, the Treaty gives both the EALA and the Council powers to initiate bills for the EAC legislation. The tension between these two organs of the EAC is primarily reflected by EALA initiating bills on matters under negotiation or already opposed or agreed upon by the Council, hence reopening the concluded negotiations. Using experiences from other regional parliamentary bodies such as the European Parliament, this paper discusses the mandate and relevance of the EALA and the Council in relation to the law making processes in the EAC. It also reviews the ongoing efforts of the partner states to address this tension through an amendment to the Treaty. Additionally, it analyses the relevance of the doctrine of the separation of powers to the regional integration schemes and recommends a coordination scheme for a cordial and effective working relationship between the Council and the EALA for the attainment of a prosperous, competitive, secure, stable and politically united EAC.
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