Speech by Ambassador Allan Wagner Tizón, Andean Community Secretary General, at the Meeting of the Ad Hoc Group for perfecting the Andean Dispute Settlement System

Lima, April 25, 2005

  • 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.


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