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The standardization and legal and judicial security of business rules as well as their modernization, a corollary of investment attraction, are being achieved in the OHADA area and rely on the CCJA judge. Considered as all hope, this judge has received from the OHADA member states extraordinary litigation competences touching even the hard core of their respective sovereignties: not only have the national supreme courts given up their respective cassation competences to him, but also, he evokes and rules on the merits in all harmonized matters. Nevertheless, access to the CCJA is not effectively guaranteed to all nationals of OHADA member countries, even though it appears that such a right, which is fundamental, cannot be sacrificed for the sake of legal harmonization. Indeed, on the one hand, harmonization could be achieved without dispossessing the national supreme courts, which are easily accessible, of their traditional competences of cassation and, on the other hand, the right to a judge, which has been fundamental since 1975, must be real, effective and a guarantor of the other rights, and its violation must engage international responsibilities.
About the author
Marcellin Lebon Kalera é actualmente docente na Universidade de Goma e advogado na Ordem dos Advogados da mesma cidade na RDC. Tem um mestrado em Direitos Humanos das Universidades de Saint-Louis, Louvain e Namur na Bélgica. É casado com a Sra. Providence Rubayi e pai de Jacinthe Kalera.
