The andean community preliminary consultation procedure and the european union preliminary ruling: comparison test

Abstract

The objective of this research is to show the legal regime of the European Union preliminary ruling procedure and the Andean Community preliminary consultation procedure. To this end, the current normative and the functioning in practice of both procedural instruments are described, focusing the analysis on the more important aspects, such as their nature; legal standing; powers of national jurisdictions as well as competences of the European and the Andean Courts of Justice in every preliminary procedure; procedural aspects and, finally, legal effects of preliminary rulings and remedies to their breach. Following this explanation, the similarities and differences between these two judicial cooperation mechanisms will be noted. At the end of the study, some conjectures for the significant influence of the European preliminary ruling on the Andean preliminary consultation will be offered.