Decision on the Draft Legal Instruments

DECISION ON THE DRAFT LEGAL INSTRUMENTS

Doc. EX.CL/846(XXV)

The Executive Council,

1. TAKES NOTE of the Report and recommendations of the Meeting of the Specialized Technical Committee (STC) on Justice and Legal Affairs held in Addis Ababa, Ethiopia from 6 to 16 May 2014;

2. ALSO TAKES NOTE of the following Draft Legal Instruments:

a) Draft Protocol on the Establishment of the African Monetary Fund;

b) Draft African Convention on Cross-Border Cooperation (Niamey Convention);

c) Draft African Union Convention on Cyberspace Security and Protection of Personal Data;

d) Draft African Charter on the Values and Principles of Decentralization, Local Governance and Local Development;

e) Draft Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights;

f) Draft Protocol to the Constitutive Act of the African Union on the Pan­African Parliament.

3. DECIDES to recommend the Draft Legal Instruments to the Assembly for consideration and adoption, with amendments to the Protocol to the Constitutive Act of the African Union on the Pan African Union in its Article 8 (1) as follows:

a) The Assembly shall determine the subjects/areas on which the Pan­African Parliament may propose draft model laws;

b) The Pan-African Parliament may on its own make proposals on the subjects/areas on which it may submit or recommend draft Model Laws to the Assembly for its consideration and approval.

4. ENDORSES the recommendation of the 1st Meeting of the STC on Justice and Legal Affairs for strengthening the human and financial resources of the Office of the Legal Counsel of the Commission in order for it to carry out its functions with respect to the operationalization of the STC on Justice and Legal Affairs;

5. REQUESTS:

i) The Commission to work out the new Structure of the Office of the Legal Counsel and its financial implications for consideration by the Council through the Permanent Representatives Committee (PRC) and its relevant Sub-Committees;

ii) The PRC and the Commission to take all necessary measures to implement this Decision and to report in January 2015.