The challenges of the judicial dialogue in Mercosur

Resumo

Since its inception, Mercosur has opted for a non-coercive and diplomatic dispute settlement system. State Parties still oscillate between institutionalization based on the European model and the maintenance of an arbitral system for the settlement of disputes. This choice is linked to the possibility and limits of judicial dialogue in Mercosur. In this context, this article aims to analyse the existing horizontal 'dialogue' between Mercosur judges and international judges, on the one hand, and the vertical dialogue between Mercosur judges and national judges, on the other hand. In terms of the horizontal 'dialogue', the objective is to evaluate the use of precedents and references to other international, regional, and sub-regional Tribunals. As for the supposed vertical 'dialogue' between Mercosur judges and national judges, this article analyses the interaction with national courts through the cooperation mechanism established by advisory opinions (which is similar to preliminary rulings under the auspices of the eu), as well as via judicial 'dialogue' with representatives of national supreme courts of Mercosur State Parties. The importance of the advisory opinion mechanism is well known, as is the preliminary ruling mechanism in the European Union. Similar to the eu, several important principles of Mercosur law have been laid down by advisory opinions. © 2015 Koninklijke Brill NV, Leiden, The Netherlands.

Ficha do documento

Tipo

Artigo científico

Ano

2015

Instituição

Martinus Nijhoff Publishers

Fonte

Repositório da FGV

Idioma

Inglês

Acesso

Acesso restrito

DOI

10.1163/15718034-12341306

Identificador

oai:repositorio.fgv.br:10438/25466

Temas

Desenvolvimento Regional

Palavras-chave

Advisory opinionsDialogue of judgesDispute settlementNational courtsPrecedentsMERCOSUROpiniões consultivasTribunais nacionaisDiálogos de juízesDireitoMERCOSUL (Organização)Direito internacional públicoTribunais internacionais