Supranational Courts are a subset of international courts. They are autonomous, collective entities that protect individual rights at a level above the nation-state. Supranational courts adjudicate matters across boundaries. Sovereign nations submit to a supranational court’s jurisdiction and the court’s judgments are accorded the force of a national court judgment.
Supranational tribunals may be characterized as “international courts” when they apply international law. Although supranational law is a type of international law, it only applies when sovereign nations agree to recognize the judicial decisions of a common tribunal as binding. However, the authority of supranational courts reaches beyond traditional international public law; it can extend to different types of disputes between member states, between private parties, and between private parties and member states. A supranational court may interact directly with courts and institutions of member states, including administrative bodies and legislative committees. Such interaction takes place when a supranational court issues a judgment requiring compliance by a national entity.
There are variances in the authority and competencies of different supranational courts. Some provide litigants a venue after they have exhausted legal remedies in their home jurisdictions. This is the case with the European Court of Human Rights. Other supranational courts hear cases in the first instance. Examples of well-known supranational tribunals include the International Court of Justice, International Criminal Court, European Court of Justice, Inter-American Court of Human Rights, African Court on Human and Peoples’ Rights, and Caribbean Court of Justice.
Examples
The term “supranational court” was popularized in the context of European integration. The European Court of Human Rights (ECHR) was created in 1949 by the Council of Europe to provide a forum for individuals, groups, and NGOs to bring a complaint against a state or state entity alleging a human rights violation. Litigants usually must first pursue litigation in their domestic judicial systems. The ECHR’s mission is to interpret and apply European Convention on Human Rights and Fundamental Freedoms. The ECHR is comprised of one judge from each member state. Judges are elected for a single 9-year term by the Parliamentary Assembly of the Council of Europe, based on a list of three candidates proposed by each of the member states.
The Court of Justice of the European Union (CJEU) was created in 1959 as a common court for the precursor institutions to the European Union. It now ensures that European Union (EU) law is applied, interpreted, and enforced consistently across all EU member institutions. It has two courts: the General Court and the Court of Justice. The General Court hears petitions from individuals challenging acts of EU institutions, bodies, offices, and agencies. It also hears petitions brought by member states, cases seeking compensation for damages, and European Community trademark disputes. The General Court has two judges from each EU country. The Court of Justice reviews cases referred by national courts requesting an interpretation of EU law and treaties, petitions for a provision of EU law to be annulled, and applications to review acts of EU institutions. It also hears appeals from the General Court. The Court of Justice may impose financial penalties for failure to comply with an order. The Court has one judge from each EU country; its President and Vice President are elected from among its judges and serve renewable, three-year terms.
The Inter-American Court of Human Rights, established in 1979, is tasked with interpreting and applying the American Convention on Human Rights, a regional human rights system that applies to the 35 members of the Organization of American States (OAS). The Court reviews individual complaints alleging human rights violations, orders emergency protective measures if a complainant is at immediate risk of harm. At the request of the OAS or a member state, it issues advisory opinions regarding the interpretation of Inter-American instruments. Judges are selected by the OAS General Assembly, drawing from nominees for member states, for a 7-year term that may be renewed once. The seat of Inter-American Court of Human Rights is San José, Costa Rica.
The Caribbean Court of Justice (CCJ), established in 2001, is a hybrid institution that sits in Port of Spain, Trinidad and Tobago. The Court operates as a supranational court to adjudicate disputes between member states of the Caribbean Community involving the interpretation and application of the Revised Treaty of Chaguaramas. This treaty addresses matters of economic integration and foreign policy. The CCJ also serves as the final court of appeal on civil and criminal matters as well as cases involving fundamental rights for Barbados, Belize, and Guyana (in lieu of the Privy Council). The CCJ does not hear cases brought by individuals alleging human rights violations except when it serves as a final court of appeal. Judges are selected by majority vote of the Regional Judicial and Legal Services Commission, an independent body of 11 members nominated by regional bar associations and other local and regional institutions.
The African Court on Human and Peoples’ Rights was established in 1998 through the Protocol on the African Charter on Human Rights. The Protocol came into force in 2004 when it was ratified by more than 15 nations. The Court began to hear cases in 2010; it sits in Arusha, Tanzania. Its mission is to adjudicate alleged violations of the Charter committed by one or more state against individuals or groups. If a violation is found, the Court can order remedial measures including amending a law or providing compensation. The Court also reviews requests for advisory opinions regarding the Charter and other human rights instruments. Its guidance on how to interpret or apply the law is not directed at a particular state but rather applies continent-wide. The Court also has authority to settle pending cases.
States and the African Commission may seek Court review directly. However, individuals and NGOs may submit complaints directly to the court only if the concerned state has ratified the Protocol and filed a declaration under Article 34(6) of the Protocol permitting court access. Eight of the 34 African nations that ratified the Protocol have filed an Article 34(6) declaration. The Court has 11 judges, all nationals of member states. They are elected by the Assembly of Heads of the African Union for a once-renewable six-year term. Judges serve on a part-time basis and convene four times a year.