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The Heads of State and
Government broke with the past by their decision to transform the ECOWAS
Secretariat into a Commission. The difference goes beyond a name change
and an increase in the number of officers at the management level. After
thirty years of existence, ECOWAS finds itself at a cross-roads. At
thirty, ECOWAS has come of age, is mature and master of its destiny.
Changes have already been
underway with the support of development partners. These initiatives
have been boosted by the Heads of State and Government when they
endorsed institutional transformation covering all ECOWAS Institutions.
By implementing this
transformation process which should reposition ECOWAS vis-a-vis the West
African populations to whom pledges have been made, the leaders of our
region have taken the destiny of their institution into their own hands.
Indeed, by subscribing to the vision of the Founder-fathers of ECOWAS,
they have taken ownership of the objectives designed to improve the
living conditions of the citizenry, ensure economic growth and create an
environment conducive to development and integration.
By becoming a Commission
with enhanced powers and Commissioners in charge of smaller and clearly
defined sectors, the ECOWAS Secretariat will have more impact and become
more visible in Member States.
Regarding the Community
Parliament, the restructuring is designed to make it more efficient by
providing it with relevant management support. Similarly, the Community
Court of Justice is being re-organized to have its judges also
concentrate on their core competences.
The expected changes will
not be possible without the support of the staff of our institutions.
The task is huge; hence, the need for everyone to get involved in its
implementation.
The Heads of State and
Government urged every one of us to participate in the rebirth of our
institution to ensure that development and integration soon become a
reality.
RESTRUCTURING THE
SECRETARIAT
MAIN FEATURES
•
To better
adapt to the international environment.
• To
play a more effective role in the integration and development process.
• A President, a Vice-President and 7 Commissioners.
• A smaller and more clearly defined sector for each Commissioner.
• Support to Member States to build their capacities for programme
implementation.
• A predictable rotation system based on equity, transparency and
functionality.
• Consequences of the restructuring process;
1. Consolidation of the Community spirit.
2. Enhancement of the powers of the Commission.
3. Strengthening of supra-nationality.
4. Adoption of a new legal regime (decisions directly applicable
in Member States and by the Institutions).
NEW REGIME FOR
COMMUNITY ACTS
The
transformation of the Secretariat into a Commission will be accompanied
by a fundamental measure: the adoption of a new legal regime for
Community Acts.
Until now
obligations of member States were captured principally in Protocols and
Conventions which are subject to lengthy Parliamentary ratification
processes. These processes delayed the entry into force of the legal
texts thereby paralyzing the integration process. Decisions of the
Authority were however immediately applicable and binding on Member
States, whilst those emanating from the Council of Ministers were only
applicable and binding on the Community Institutions.
Under the
new legal regime, the principle of supranational becomes more
pre-eminent and there will be a de-emphasis on the adoption of
Conventions and Protocols.
Community
Acts will be Supplementary Acts, Regulations, Directives, Decisions,
Recommendations and Opinion. Thus, the Authority passes Supplementary
Acts to complete the Treaty. Supplementary Acts are binding on Member
States and the institutions of the Community.
The Council
of Ministers enacts Regulations and Directives and makes Decisions and
Recommendations. Regulations have general application and all their
provisions are enforceable and directly applicable in Member States.
They are enforceable in the institutions of the Community. Decisions are
enforceable in Member States and all designated therein. Directives and
their objectives are binding on all Member States. The modalities for
attaining such objectives are left to the discretion of States.
The
Commission adopts Rules for the implementation of Acts enacted by
Council. These Rules have the same legal force as Acts enacted by
Council. The Commission makes recommendations and gives advice.
Recommendations and advice are not enforceable. |
