The Andean
integration process, which could
be considered one of the most
advanced and deepest regional
integration processes among
developing countries, has made
important advances, beyond its
accomplishments in trade, toward
institutionalizing and
establishing rules to give
economic and social agents legal
certainty.
One of the
major strengths of the Andean
process has been its dispute
settlement system and the body
of legislation it has been
building up on economic, social
and political matters.
Of particular
importance are the roles played
by the Andean Court of Justice
and the General Secretariat in
controlling the legality of
Community acts and ensuring
compliance with the measures
adopted by the process’s
decision-making bodies. In over
25 years of efforts, the Court
has been able to judicially
resolve a large number of the
disputes that have arisen over
the application of Andean
legislation, when they were
unable to be resolved in the
prelitigation stage (nearly 60
decisions that have established
important jurisprudence).
Significant steps have also been
taken through the issuing of
more than seven hundred
prelitigation interpretations
toward the uniform
interpretation and application
of Andean Community legal
provisions throughout its
territory.
In its
prelitigation processes, the
General Secretariat has resolved
a large percentage of the cases
submitted to it. In doing so, it
has acted with an approach
toward preventing disputes and,
when necessary, has issued
opinions of noncompliance in
order to call the countries’
attention to the priority status
of Community legislation. Nearly
85% of the failures in
compliance referred to in its
opinions have been resolved.
However,
considering some shortcomings
that have been identified, it is
necessary to strengthen the
institutions and fields of
operation of the Court and the
General Secretariat and even to
reinforce the bonds of
cooperation between these two
bodies, with a view toward
consolidating the
accomplishments of the
integration process. Mandates
have been handed down by the
Presidents and the Commission in
this regard.
The
Presidential Dialogue on the
Future of the Andean Integration
Process and the consensus
achieved as a result of the
discussions of the Fifteenth
Andean Presidential Council
recognized the existence of a
large number of failures to
comply with Andean legislation
by our countries that strongly
affect the integration process.
There is concern over the
effectiveness of the decisions
handed down and their
fulfillment in their entirely.
The new strategy of Andean
integration and integration with
third countries calls for the
existence of strong institutions.
The
Governments of the Member
Countries have reiterated their
interest in consolidating the
Andean Community definitively as
an area in which economic and
social development conditions
are favorable for all
Subregional members. This
requires an environment of legal
certainty and of true
executability of the decisions
handed down by the dispute
settlement bodies.
It is more
important to give special
attention to the surveillance
and fulfillment of Community
legislation in a scenario where
the Andean Community has a
stronger international presence
in building a South American
Community of Nations and of
Andean negotiations with the
most important developed
countries (US, EU).
This was the
understanding of the Commission
at its 90th Regular
Session, when it adopted, within
a program to deepen Andean
integration, a series of
recommendations to reinforce the
dispute settlement mechanism and
to form and start up a High-level
Ad hoc Group to examine and
collaborate in the drafting of
the pertinent proposals, with
the participation of the Court
and of the Member Countries and
the coordination of the General
Secretariat.
The
conclusion that may be reached
is that our dispute settlement
system can be perfected. It is
vital to move toward the
definition of proposals to
improve that system with the
participation of the countries,
the actors themselves and the
Court and General Secretariat.
In this
connection, the effort at
reflection and discussion that
is beginning today with the
first meeting of the High-level
Ad hoc Group is extremely
important for arriving at
proposals to perfect the dispute
settlement system that can be
submitted to the Andean Council
of Foreign Ministers and the
Andean Community Commission, for
possible adoption at the next
meeting of the Andean
Presidential Council.