Wagner reveals that over 80% of
the cases of noncompliance
in the CAN have been
satisfactorily resolved
Lima, April
25, 2005. Andean Community
Secretary General, Ambassador
Allan Wagner Tizón, stressed today
that over 80% of the cases of
noncompliance within the Community
have been satisfactorily resolved,
either through a pretrial process
of before the Court of Justice,
demonstrating the highly effective
nature of the Andean Dispute
Settlement System.
Even so, at
the Quito Summit (July 2004), the
Andean Heads of State themselves
decided the system needed
perfecting to make it even more
effective and efficient, with a
view to deepening the integration
process and coping with new
challenges such as, for example,
the construction of the South
American Community of Nations and
the negotiation of an Association
Agreement with the European Union.
Ambassador
Wagner made this affirmation
during the opening session of the
First Meeting of the High-Level Ad
Hoc Group to Perfect the Andean
Dispute Settlement System, which
was also attended by the Head of
the Delegation of the European
Commission, Ambassador Mendel
Goldstein, and the President of
the CAN Court of Justice, Moisés
Troconis.
Wagner
pointed out that the surveillance
and observance of Community
legislation is even more important
in a scenario where the CAN has a
greater international presence,
and so the CAN Commission
understood when it adopted, as
part of the program to deepen
Andean integration, a series of
recommendations to strengthen the
dispute settlement mechanism and
to form a High-Level Ad Hoc Group
and put it into operation.
This group
will be responsible for
identifying proposals for that
build-up, including proposals for
national judges to make greater
use of Community law and the
possibility of arbitration
proceedings between private
parties and Andean Community
bodies.
Ambassador
Mendel Goldstein, for his part,
announced that the European Union
wants to support the Andean
integration process and for that
reason has several projects
underway, such as the EU-CAN
Cooperation Project on Trade-related
Technical Assistance, one of whose
first activities is the meeting of
the Ad Hoc Group on dispute
settlement.
The
perfecting of the Andean Dispute
Settlement System, he stated, is
extremely important for the
deepening of the integration
process and will doubtlessly
facilitate the negotiation of an
association agreement between the
European Union and the Andean
Community, due for launching in
twelve months’ time.
Court
President Moisés Troconis called
attention to the CAN General
Secretariat’s initiative to
implement the Presidential mandate
to perfect and strengthen the
dispute settlement system,
particularly the system of
sanctions, as part of its
preventive efforts in that area.
He offered all necessary support
to accomplish that aim.
The purpose
of the High-Level Ad Hoc Group
meeting, which will last until
tomorrow at the headquarters of
the CAN General Secretariat in
Lima is, in four sessions, to
study the current state of
observance of Community
legislation and propose measures
to strengthen and perfect the
Andean dispute settlement system.