@article{2015:gastorn:the_inevit,
title = {The Inevitable Reforms of the Legislative Competencies of the East African Legislative Assembly},
year = {2015},
note = {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.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {28--48},
author = {Gastorn, Kennedy},
volume = {48},
number = {1}
}