Abstract

OLIVEIRA, Werner Miguel Kühn. The European experience in applying the “acte éclairé” doctrine to the preliminary ruling procedure: Useful lessons for its implementation in the Andean judicial system. Rev. secr. Trib. perm. revis. [online]. 2025, vol.13, n.22, e547.  Epub Mar 13, 2025. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a13.n23.e546.

Abstract: The Court of Justice of the Andean Community (“CJCA”) has recently adopted the “acte éclairé” doctrine, taking inspiration from the case-law of the Court of Justice of the European Union (“CJEU”). The aim of this article is to examine the origins and implementation of this doctrine, taking into account the importance of the preliminary ruling procedure for the evolution of the Law of regional economic integration. It also sets out the way in which constitutional and international law interact, in Europe, in safeguard of the rights of individuals, thus highlighting the degree of recognition that supranational law has received in recent decades. It is maintained that useful lessons can be drawn from the European experience for the future development of Andean community law. Although this work focuses predominantly on the judicial system of the Andean Community of Nations (“CAN”) and the European Union (“EU”) due to their evident similarity, the consultation mechanisms existing in other integration systems, including Mercosur, are also mentioned in order to more clearly explain the advantages of the supranational model.

Keywords : Andean Community; European Union; Preliminary ruling procedure; Acte éclairé doctrine; Judicial cooperation; Fundamental rights.

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