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See detailLa fonction juridictionnelle au service de l’intégration sud-américaine. Regards croisés sur la contribution des juges régionaux à la construction d’un espace intégré : Europe et Amérique du Sud
Pena-Pinon, Mariana UL

Doctoral thesis (2017)

Regional integration is a global phenomenon understood in this book as “the association between sovereign States of a given geographical region, by international agreements with the aim of approximating ... [more ▼]

Regional integration is a global phenomenon understood in this book as “the association between sovereign States of a given geographical region, by international agreements with the aim of approximating national laws through a binding regional law”. In the context of South America, this definition had led to the study of six regional organizations, examined in a comparative manner to establish the degree of integration accomplished in this region. In a second step, the role of the law in an integrational organization and its control by a jurisdiction has been examined. Parallels are drawn between the role of the European Court of Justice and the EFTA Court and the regional jurisdictions in South America. Finally, the creation of a regional court through a Treaty, common to the six organizations compared is advocated. The political and legal feasibility, the precise characteristics, remedies and the character of the decisions of said regional court are discussed in depth. [less ▲]

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See detailUna Corte de Justicia para el MERCOSUR? Avances ciertos y aparentes hacia una institucionalización reforzada
Pena-Pinon, Mariana UL

in Revista de Derecho Privado y Comunitario (2013), 1

Since the conclusion of the Treaty of Asunción in 1991, the member states of MERCOSUR made an agreement to create a Common Market. However, this integration regime did not create a jurisdictional ... [more ▼]

Since the conclusion of the Treaty of Asunción in 1991, the member states of MERCOSUR made an agreement to create a Common Market. However, this integration regime did not create a jurisdictional institution like the Court of Justice of the European Union. The MERCOSUR Parliament proposed in 2010 a Protocol that would modify the institutional order established by creating a Court of Justice. This Court will replace the current Permanent Court of Review and will dispose of large competences to supervise the current legislation and to control its standard application. The rule that will set up the new Court is inspired by the ones that govern the jurisdiction of the European Court of Justice and the Court of Justice of the Andean Community. However, some differences should be pointed out. Even if this project foresees the evolution of the current dispute settlement system, certain obstacles are difficult to overcome until the Protocol comes into effect. [less ▲]

Detailed reference viewed: 39 (2 UL)