Reflejos del Derecho Comunitario Europeo en la Jurisprudencia de la Corte Centroamericana de Justicia (Reflections of European Community Law in the Jurisprudencia of the Central American Court of Justice)
Year: 2009
Type: preprint
Abstract: The appeal of the European experience, can serve in order to make quantitative leaps in the integration of other efforts around the world. The Central American Court of Justice has abundantly referred to the decisions of the courts of the European Union for support of the essential principles of Central American community law. This can afford many advantages and in certain cases can even be advisable, but it can also establish obstacles for integration. Among other reasons, because it would appear as if the Central American court does not clearly distinguish between European and Central American community law. Also because it prevents the establishment of a jurisdictional dialogue with national judges, by using a common language and source that is accessible to both. The confrontation with national courts, based in the insurmountable support of constitutional supremacy, is the main obstacle of the regional court. Furthermore, because the reference to Europe has excluded important areas such as Human Rights, a subject matter over which the Central American has declared itself incompetent. The success of the European experience makes it an attractive model for imitation and exporting knowledge in the field of integration, which at the same time may serve in order to increase its influence in the isthmus, but this will only benefit Central American integration if the limitations of this comparative approach are taken into account.
Source: SSRN Electronic Journal
Author: Najman Alexander Aizenstatd
Institution: Universidad Rafael Landívar
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W812127