Keywords
clear act
pre-judicial interpretation
Andean Community
trademarks
How to Cite
Abstract
This doctrine holds that upper court judges are not obliged to put forward pre-judicial matters to other judges in the following cases:
When there has been other identical or similar pre-judicial matter.
When there are no reasonable doubts about the interpretation of the provision.
This article suggests application of the clear act theory to the pre-judicial interpretations of the Andean Court of Justice.
Application of the clear act theory in the Andean Community would not bear any risks for the parties involved in the specific cases, since the function of the Andean Court of Justice in preparing its pre-judicial interpretations is to interpret the Community provision in question from a legal point of view in order to clarify its scope, and not to evaluate evidence or apply the provision to the specific facts; this is the exclusive task of the national judge according to his jurisdiction.
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Copyright (c) 2005 Vniversitas