Mercosur Advisory Opinions Procedure and European Union Preliminary Rulings Procedure: A Comparative Study

Authors

  • Manuel Cienfuegos Mateo

Keywords:

Permanent Review Tribunal of the Southern Common Market. Advisory opinions procedure. Court of Justice of the European Union. Preliminary rulings procedure. Comparative Study

Abstract

The objective of this research is to compare the advisory opinions procedure of the MERCOSUR Permanent Review Tribunal with the preliminary ruling procedure of the Court of Justice of the European Union. To this end, the current legal regime of both procedural instruments is described, focusing the analysis on their more important aspects, such as legal standing, object, proceeding, legal effects and costs. Based on the previous explanation, at the end of the study the perspectives that the project of the Court of Justice of the MERCOSUR Protocol, of 13 December 2010, opens are discussed, which assigns competence to decide references for preliminary rulings to this Court. 

Issue

Section

STUDIES