The Observatory aims to become an International Information Center par excellence. It is around this information, its collection and dissemination that will rest its activity. Its logic of intervention is essentially based on observation, analysis and strategic monitoring, monitoring and evaluation, capacity building, social communication and institutional advocacy.
Mainly endogenous and essentially empirical, the observation will consist in analyzing
The effectiveness of the rule of law in relation to its impact on the legal problems it claims
But also according to its level of appropriation by the users of the law. This exercise
Will apply both to the provisions of the Treaty and to the Uniform Acts, with suggestions
Targeted reforms based on the results of the observation. It will be based on the results of
Analyzes carried out by specialists in the economic and sociological analysis of law to evaluate
The perception of the law and its appropriation by the different targets, institutional actors and
Economic operators (economic operators, judicial and extrajudicial actors,
2. Analysis and strategic intelligence
In order to assess the vitality of OHADA law in member countries, it is necessary to make a ”
On different indicators. Our proposal assumes that one of the objectives of
The Observatory is to assess the effective application of the Uniform Acts and the
On the one hand, and to try to measure, in the long term, the joint development of the
The application of Community law in member countries and macroeconomic indicators
(Particularly those relating to the vitality of the private sector). The methodology of the Observatory
3 main axes to know:
2.1. The descriptive analysis of the member countries
Because of the relative flexibility of Community law (the possibility of resorting to
The specific nature of national laws and Important to know the profile of companies within a state. For example, in Cameroon, most companies are very small enterprises (TPE). It is therefore important that a study on the business climate and the economic efficiency of OHADA law in this country places particular emphasis on the legal environment of this type of enterprise (the possibility of creating a EURL for example). Such a measure can hardly be taken in the context of an investigation which assumes that the type of business to be created is a limited liability company (as is the case in the Doing Business reports).
Statisticians will be involved in this assessment and will be assigned to the courts of the States Parties for this action. They will work in collaboration with the Professional Orders, the Consular Chambers and the OHADA National Commissions.
2.2. The analysis of the effectiveness of OHADA law in its area of application
Before assessing the state of the business climate, it is essential to assess its application at Member State level. By observing certain variables, we can appreciate the appropriation of Community law by the business community.
University laboratories and research centers with proven expertise in the sociological, anthropological and economic analysis of law are partners in the implementation of this evaluation.
2.3. The analysis of the effectiveness / competitiveness of OHADA law in relation to other families and legal systems
This analysis by comparative lawyers is essentially aimed at highlighting the differences observed between OHADA law and the law derived from other families and legal systems, in particular Common Law. This analysis, which makes it possible to test the effectiveness of the law, is all the more relevant today as it aims to anticipate the opening of OHADA to these countries and thus to their markets (Nigeria, Angola, Ghana, Burundi, Among others). This postulates the identification of possible legislative grids and the adaptation of certain current norms of the OHADA law to the new normative needs identified at the end of the analysis. Comparative law centers will be associated with this analysis.
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