Court of Justice of the Andean Community (TJAC)

Introductory Note

The Andean Community ("Comunidad Andina"), previously known as the Andean Pact or Andean Common Market, is a sub-regional economic integration organization, originally created by the Cartagena Agreement of May 26, 1969, (1) encompassing five Latin-America States: Bolivia, Colombia, Ecuador, Peru, and Venezuela. The aim of the Andean Community is to promote a regional economic development that is balanced, harmonious and satisfactory for all members. The Cartagena Agreement was subsequently modified in 1987 by the Quito Protocol (the Andean Pact Treaty) (2), by the Trujillo Act of March 10, 1996 (3), and by the Protocol of Sucre signed on June 25, 1997 (4).

The Court of Justice of the Andean Community (TJAC) is the judicial body and an integral part of the Andean Community. It was created in 1979 as the "Court of Justice of the Cartagena Agreement" (5). The Trujillo Act modified it into the "Court of Justice of the Andean Community" (6), and its statute was later modified by the Cochabamba Protocol signed on May 28, 1996 (7).

The mission of the TJAC is to ensure the respect of Community law, settle disputes arising from it, and consistently interpret it. The jurisdiction of the TJAC encompasses three areas. Firstly, it may nullify decisions of the Commission of the Andean Community, a quasi-legislative organ of the Andean Community, which it may eventually find in conflict with the community legal system. Secondly, it may rule upon the compliant of a member State or the Junta (a three-member organ supervising the implementation of the community agreements) that a member State is not in compliance with Community law. Thirdly, it may render binding interpretations of Community law at the request of national judges litis pendente (preliminary rulings).

As a final remark, it should be stressed that all decisions of the TJAC are directly applicable within member States without the need of further incorporation into domestic law.

Notes

1 Agreement on Andean Subregional Integration, concluded in Cartagena, May 26, 1969, ILM, Vol. 8, 1969, at 910.

2 Quito Protocol to the Cartagena Agreement Creating the Andean Common Market, concluded in Quito, May 12, 1987, ILM, Vol. 28, 1989, at 1165.

3 Trujillo Act, concluded in Trujillo, March 10, 1996, Gaceta Oficial del Tratado de Cartagena, Year XIII, N. 273, July 1997.

4 Sucre Protocol Establishing the Andean Parliament, concluded in Quito, June 25, 1997. Http://www.comunidadandina.org/SUCRE.HTM. (Site last visited February 2, 1999). The Sucre Protocol has yet not been ratified.

5 Treaty Creating the Court of Justice of the Cartagena Agreement [hereafter: TJAC Treaty], concluded in Cartagena, May 28, 1979, ILM, Vol. 18, 1979, at 1203 and modified by the Cochabamba and Sucre Protocols.

6 Trujillo Act, art. 6.

7 Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement, concluded in Cochabamba, on May 28, 1996 [hereafter: Cochabamba Protocol]. Http://www.comunidadandina.org/MODITRIB.HTM. (Site last visited February 2, 1999). All Members States have not yet ratified the Cochabamba Protocol.