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)

Revista General de Derecho Europeo, 2011

Posted: 15 Dec 2009 Last revised: 27 Jul 2011

Date Written: December 13, 2009

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.

Keywords: Central American Court of Justice, Corte de Justicia Centroamericana, Central American Integration System, Sistema Centroamericano de IntegraciĆ³n

JEL Classification: F02, F15

Suggested Citation

Aizenstatd, Najman Alexander, 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) (December 13, 2009). Revista General de Derecho Europeo, 2011, Available at SSRN: https://ssrn.com/abstract=1522862

Najman Alexander Aizenstatd (Contact Author)

Universidad Rafael Landivar ( email )

Apartado Postal 4-F
Guatemala
Guatemala, 01010
Guatemala

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