Does Article 214 RTC impose a duty on national courts and tribunals to refer to the CCJ?

This chapter focuses on the question of whether Article 214 RTC imposes a duty on national courts or tribunals to make referrals to the CCJ if they harbour doubts as to the correct interpretation or application of CSME law or whether it gives them an option to refer or not. Three arguments support the submission that Article 214 RTC imposes a duty on national courts to make a request for a referral: first, its textual interpretation; second, its teleological and contextual interpretation; and third, the fact that the absence of a duty imposed on national courts and tribunals to refer to the CCJ would infringe the right of CARICOM nationals to adequate judicial protection. Additionally, this chapter looks at the likely limitations to be imposed on the duty to refer. Finally, it examines legal implications of the dereliction, by national courts and tribunals, of the duty to refer to the CCJ for the individuals concerned, and for the Member States in the light of the submission that the CCJ will be prepared to endorse the principle of State liability for judicial breaches of CSME law.