Abstract

BACA, Werner Miguel Kühn. From European Tradition to Andean Reality: Toward Establishing the Role of Advocate General in the Court of Justice of the Andean Community. Rev. secr. Trib. perm. revis. [online]. 2026, vol.14, n.23, e580.  Epub Mar 09, 2026. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a14.n23.e580.

Summary: This article examines the role of the Advocate General in the Court of Justice of the European Union (CJEU) and assesses its potential incorporation into the Court of Justice of the Andean Community (CJAC). Through a comparative analysis, it explores the functions, contributions, and institutional safeguards that define the Advocate General in the European context, highlighting their contribution to jurisprudential coherence, legal development, and the legitimacy of supranational jurisdiction. It also analyzes the historical, political, and budgetary factors that explain the absence of this figure in the Andean system, such as the defense of national sovereignty, the economic-commercial bias of integration, and the financial constraints of the CAN. Based on existing legal foundations in Andean law, the article identifies the normative and procedural mechanisms necessary to introduce an Advocate General in the CJAC and argues that its adoption would strengthen the principle of homogeneity, the unity of the legal system, and the transparency of the decision-making process. Finally, it is argued that this figure would enhance judicial dialogue between the CJAC and the CJEU, as well as other international courts, consolidating the trust of member states and legal practitioners in the regional integration system.

Keywords : Advocate General; Court of Justice of the Andean Community; Institutional reform; Integration law; Andean Community; European Union; Judicial legitimacy; Judicial dialogue.

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