Administrative law in the framework of the andean community: the extension of the locus standi to request preliminary rulings

Abstract

One of the most important issues in Andean Community administrative law concerns the extension of the locus standi to request preliminary rulings from the Court of Justice of the Andean Community (TJCA). In fact, the TJCA has interpreted the concept of “national judge” in a broad and generous manner, including the administrative bodies of the Member States, as well as arbitrators. Thus, the research problem revolves around what is understood by “national judge” in the light of Andean Community Law and the object and purpose of the mechanism of preliminary rulings. The main hypothesis is that administrative bodies and arbitrators are, in fact, “community judges” because they collaborate in the interpretation and uniform application of community law. In this sense, this paper will analyze the preliminary ruling interpretation as one of the most important vehicles to guarantee the rule of law in Intellectual Property matters within the framework of the Andean Community (CAN), and a brief comparative analysis will be made between the preliminary ruling of the Court of Justice of the European Union and that of the TJCA. Finally, some notes will be provided on how to deal with the changes in the case-law of the TJCA.