Les acteurs de l’Europe
Séminaire de recherche CRPS-CSE-CURAPP
Organisé par Antonin Cohen, Yves Dezalay,
Laure Neumayer et Guillaume Sacriste
Exporting the European Court of Justice Model :
The Experience of the Andean Common Market Court of Justice
Discutants : Antonin Cohen, Yves Dezalay
Vendredi 18 janvier 2008 à 16h00
Exporting the European Court of Justice Model : The Experience of the Andean Common Market Court of Justice
Many people look to Europe as the model of the future for international courts. If international courts could replicate the design of the European Court of Justice (ECJ), and international court judges could play their part well, then perhaps we could create more effective supra-national legal mechanisms. This paper examines the real world experience inspired by this ideal, an experience that is as close to a social science experiment as we can get. In 1984 Andean Countries created an Andean Court of Justice (ACJ), modelled explicitly on the ECJ, in the hope that the Andean Court could facilitate greater respect for Andean rules. After ten years of little activity, the Andean Court awoke in 1995 and has become the third most used international court in existence, after the ECJ and the European Court of Human Rights. The Andean Court goes beyond the ECJ in allowing private actors to trigger enforcement proceedings, and the Andean Court has issued over 1200 rulings, most in cases raised by private actors and referred to the Andean Court by national courts. Yet the ACJ is really very little like its European counterpart. This paper compares the ECJ and the ACJ - the reason for their creation, the political and legal contexts in which they operate, and their usage in fact. The comparison reveals the extent to which context determines what a court can do.
Le séminaire est ouvert à tous. Il se déroulera le vendredi 18 janvier 2008 de 16h00 à 18h00 en salle 216 à l’Université Paris 1 Sorbonne, Centre Panthéon : 12, Place du Panthéon, Paris 5e arrondissement.