OHADA

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.