Briefing Paper

United States of Africa Positioning the Pan-African Parliament and Court in the Political Union Debate

“The paper argues that whatever model may be chosen for the political union, reforms of the two institutions as currently constituted will be an absolute necessity. With respect to the African Court, the suggestion is made that reform should
take the form of three possible models: the Supreme Court of the United States (the highest court in a federal system),the European Court of Justice (the highest court in a ‘confederate’ system) or a hybrid format, depending on the powers vested in it. With respect to the African Parliament, the argument along similar lines is that the scope of its legislative mandate will depend on the nature and structure of the political union adopted. In the paper some of the elements of the institutions in Europe and the USA that may enlighten the current political endeavour are outlined.”