This book on Regional Integration and Law: East African and European Perspectives is the fourth volume of the TGCL Series, a series of edited volumes produced at the Tanzanian-German Centre for Eastern African Legal Studies (TGCL). After an Introduction on the major challenges of regional legal integration, Part One, devoted to East African perspectives, begins with a discussion of the role of leadership in the implementation of the African Peace and Security Architecture Framework in the East African Community. Following this, harmonisation of domestic tax laws is analysed with regard to its potential as an instrument for regional integration, with the major example of Burundi's new income tax law of 2013. Criminal procedural law in Tanzania is looked at in the light of human rights, especially the right to equality. The effectiveness of mandatory SIM card registration in Uganda is critically analysed. The protection of consumers against counterfeit and substandard pharmaceuticals in Tanzania is discussed within the framework of the Single Customs Territory of the East African Community. In Part Two, focused on European perspectives, a discussion of the relationship between the French Constitution and European Union law, exploring the “alchemy of sovereignty and integration”, is followed by articles on the specifically German challenges with regard to the incorporation of European Union law into the national body of laws, with case studies of the Euro Rescue Fund, consumer protection law, administrative law and labour law. In addition to these examples of regional legal integration within the European Union, the last article discusses the role played by another regional community of states, i.e. the Council of Europe and its European Conventionon Human Rights, in the development of national family laws in Europe.
CONTENTS
Johannes Döveling / Kennedy Gastorn / Ulrike Wanitzek
Preface and Acknowledgments
Kennedy Gastorn
Constitutional Reform Processes and Integration in East Africa – Introduction
Josaphat Laurean Kanywanyi
Open-ended Features in Constitutionalism and Cultural Attitudes in East Africa – Basis for Prevalance of Corruption, Poor Public Servant Responsibility, Accountability and Public Services Delivery?
James Ogoola
Where Treaty Law Meets Constitutional Law – National Constitutions in the Light of the EAC Treaty
Gamaliel Mgongo Fimbo
Principles and Practices of Management in the East African Community – Best Practices for a Modern Judiciary
Damian L. Lubuva
The Independence of the National Electoral Commission of Tanzania as an Oversight Constitutional Organ
Gamaliel Mgongo Fimbo
The National Electoral Commission of Tanzania in Support of Constitutional Democracy – A Comment
Bonaventura Rutinwa
Constitutionalising Citizenship in Tanzania – Lessons from Other East African Jurisdictions
Hamudi lsmail Majamba
Environmental Protection within the Framework of the East African Community – Lessons for Constitutional Reform in Tanzania
Christian Roschmann / Peter Wendoh / Steve Ogolla
Kenya’s Constitutional Review Experience and Lessons to be Learned for the Constitution-making Process in Tanzania
University of Dar es Salaam School of Law
Proposals Submitted to the Constitutional Review Commission of Tanzania – Executive Summary
About the Authors and Editors
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