(Antigua Observer) The Caribbean Court of Justice (CCJ) has approved a decision that would allow CARICOM countries the right to reject free movement status to certain classes of workers without reciprocity.The CCJ decided that it was lawful for Antigua and Barbuda and St Kitts-Nevis to request an opt out of the obligations to accept agricultural workers and security guards, as part of the category of workers who are allowed to move and seek employment freely within the Caribbean Single Market and Economy (CSME).“Member states of the Caribbean Community (CARICOM), under Article 27 (4) of the Revised Treaty of Chaguaramas (RTC), can opt out of a decision once the fundamental objectives of the Community, as laid now in the Treaty, are not negatively affected,” the court decided last Wednesday.The court noted that prejudice to a fundamental objective could be determined using principles of “proportionality” and by balancing a number of competing considerations, importantly the extent of the prejudice.It also decided that nationals of Antigua and Barbuda and St Kitts-Nevis, who are security guards and agricultural workers, are entitled to enjoy the benefits of the enlargement decision. This means that while these two countries will not accept the two categories of workers as being regional citizens under the CSME agreement, their citizens can move and work in other member states.Less than six months ago, the court had promised to deliver its decision on whether countries within the CARICOM could lawfully choose to opt out of obligations set out in the CSME agreement.CARICOM heads of government had asked for advice after the body decided to give special consideration to Antigua and Barbuda and St Kitts-Nevis. Both countries had requested to opt out of facilitating the movement of agriculture workers and security guards for a period of five years.Subsequently, the question arose over whether it was in fact lawful for a member state to opt out of a conference decision and whether the ‘principle of non-reciprocity’, could allow nationals of any member state opting out to gain the benefits of that decision.The CCJ explained that certain conditions are needed for the effective implementation of an opt out to include a request by one or more member states to opt out; that the decision maker must be a competent organ of the Community; and that the Conference of Heads of Government must agree to the request of the member state to opt out of the relevant decision.An opt out, it stated, is only permitted if the “fundamental objectives” of the Community, as laid down in the RTC, are not prejudiced or undermined by the opt out.The CCJ therefore concluded that in the cases of St Kitts-Nevis and Antigua and Barbuda, there was no fundamental breach of the objectives of the RTC and that the opt out was made available to two member states, each of which is categorised as a less developed country; and secondly, the duration of the opt out in each case was temporary. 161 Views no discussions Share Share BusinessLifestyleLocalNewsRegional CCJ Gives Approval for CARICOM Countries To Opt-Out Of Certain Free Movement Arrangements by: – March 28, 2020 Share Tweet Sharing is caring!
National U’s Jay-J Alejando. INQUIRER.net FILE PHOTO/TRISTAN TAMAYOJ-Jay Alejandro cashed in on his fastbreak with 16.5 seconds to spare to lift National University to an 87-85 win over the gritty Emilio Aguinaldo College in the 2017 Filoil Flying V Preseason Premier Cup Friday at Filoil Flying V Centre in San Juan.The Bulldogs tracked down Francis Munsayac’s three-point miss late which led to Alejandro skying in for the game-winning lay-up over the diminutive guard late.ADVERTISEMENT The Generals still had their chances in the clutch, but Juju Bautista missed two chances from point-blank as time expired for EAC.Despite the victory, coach Jamike Jarin was far from satisfied with the way NU played.FEATURED STORIESSPORTSEnd of his agony? SC rules in favor of Espinosa, orders promoter heirs to pay boxing legendSPORTSBreak new groundSPORTSMcGregor blasts Cerrone in 40 seconds in UFC return“I’d like to forget that we played well because we didn’t deserve to win. With the way we played, we didn’t deserve to win,” he said. “The reason why the result went to our side is (EAC) got tired. If it was a five-quarter game, we would have won because they would just tire out.”Alejandro paced the Bulldogs with 25 points on a 5-of-8 shooting from threes, to go with nine rebounds, and four assists. Matt Salem added 20 markers and seven boards, while Senegalese big man Issa Gaye had eight points and seven rebounds before fouling out in the fourth quarter.EAC missed the services of Sidney Onwubere, who suffered a sprained right ankle in the second quarter.Jerome Garcia topped the Generals with 16 points, four rebounds, and three steals, while Hamadou Laminou had a double-double of 15 markers, 18 boards, and six blocks in the loss.The Scores:NU 87 – Alejandro 25, Salem 20, Gaye 8, Rangel 8, Yu 6, Abatayo 5, Diputado 4, Galvelo 3, Joson 2, Flores 2, Mosqueda 2, Lastimosa 2, Bartlett 0, Morido 0, Cauilan 0, Go 0, Aquino 0, Sistoza 0.ADVERTISEMENT Ai-Ai delas Alas on Jiro Manio: ‘Sana pinahalagahan niya ang naitulong ko’ Palace: Crisis over ABC-CBN franchise unlikely Bulacan town gears up for biggest cookie jar UST’s Subido to miss UAAP Season 80 For the complete collegiate sports coverage including scores, schedules and stories, visit Inquirer Varsity. MOST READ Panelo: Duterte only wants to emulate strong political will of Marcos Taal Volcano evacuees warned against going home Wildlife rescuers asked to turn over animals to DENR Palace: Crisis over ABC-CBN franchise unlikely View comments Presidency bid needs ‘deep reflection’ – Sara Duterte EAC 85 – Garcia 16, Laminou 15, Munsayac 14, Diego 11, Bautista 7, I. Mendoza 6, Neri 5, Onwubere 4, J. Mendoza 4, Bugarin 2, Guzman 1, Corilla 0, Gonzales 0, Tampoc 0, Pascua 0.Quarters: 15-29, 44-50, 70-65, 87-85. Ex-Bulacan town vice mayor, village chief shot dead Sports Related Videospowered by AdSparcRead Next LATEST STORIES Don’t miss out on the latest news and information. Top Pentagon general: US maintains ‘high levels of readiness’ regarding N. Korea PLAY LIST 01:11Top Pentagon general: US maintains ‘high levels of readiness’ regarding N. Korea01:43Passengers face long queues at Araneta Center Bus Terminal01:29Scientists to harness the sun to break down plastic01:40Filipinos turn Taal Volcano ash, plastic trash into bricks01:32Taal Volcano watch: Island fissures steaming, lake water receding02:14Carpio hits red carpet treatment for China Coast Guard02:56NCRPO pledges to donate P3.5 million to victims of Taal eruption00:56Heavy rain brings some relief in Australia02:37Calm moments allow Taal folks some respite