In the 1950s, in the wake of a devastating world war, European countries began a process of pooling sovereignty to collectively rebuild their security and economies. This process-which involved the creation of supranational institutions to promote economic, legal and political integration-soon attracted new adherents. Beginning in the 1960s, other governments around the world emulated Europe's model of regional integration, proposing common markets and copying the institutions of the European Community (EC).From its inception, the EC included a court of justice, but early replications of European integration did not.
Nutzungsbedingungen:Dieser Text wird unter einer Deposit-Lizenz (Keine Weiterverbreitung -keine Bearbeitung) The KFG Working Paper Series serves to disseminate the research results of the Kolleg-Forschergruppe by making them available to a broader public. It means to enhance academic exchange as well as to strengthen and broaden existing basic research on internal and external diffusion processes in Europe and the European Union.All KFG Working Papers are available on the KFG website at www.transformeurope.eu or can be ordered in print via email to transform-europe@fu-berlin.de. and think tanks play a decisive role in the shaping of legal transplants. They are the ones that decide which model to follow. They get to choose participants in relevant working groups and it is them who shape the final proposal that will be voted by the lawmaker. As the complexity of the topic increases, professional networks can use technical discourse that makes scrutiny unlikely. The research shows that in case of Andean regional integration, the personal background of consultant is also very relevant, because it determines what models will be considered for eventual benchmarking. However, the mere existence of networks is not enough for producing legal change; a window of opportunity is a necessary condition.
This chapter explains why national political leaders decided to add a court to their integration project. After considering a variety of options, governments chose to model the Andean Tribunal on the European Union's Court of Justice (ECJ). But they did not slavishly copy the ECJ's design features and legal doctrines. Instead, they selectively adapted those that were appropriate to the more sovereignty-protective Andean context, preserving greater state control over the ATJ and its role in interpreting regional legislation. Thus, this chapter explains why these original adaptations later came to be seen as undermining the effectiveness of the Andean legal system and why, in a 1996 revised treaty, member states revised the institution to bring the ATJ jurisdiction and access rules closer to those of its European predecessor.
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