ACT 457 OF 1998
Official Gazette No. 43,360, of 11 August 1998
Through which the "Protocol amending the treaty establishing the court approves the Agreement Cartagena ", signed in the city of Cochabamba, Bolivia, at twenty (28) days of May in 1996 (1996). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Protocol Amending the Treaty Creating the Court of Justice of the Cartagena Agreement" signed in the city of Cochabamba, Bolivia, at twenty (28) days of May in 1996 (1996).
(To be transliterated: copy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs are attached).
PROTOCOL AMENDING THE TREATY ESTABLISHING THE COURT OF THE CARTAGENA AGREEMENT
The Governments of Bolivia, Colombia, Ecuador, Peru and Venezuela, taking into account the amendments made by the Protocol Amending the Andean Subregional Integration Agreement ( Cartagena Agreement), approved in Trujillo, Peru on March 10, 1996.
Have agreed to conclude the following Protocol Amending the Treaty Creating the Court of Justice of the Cartagena Agreement:
First. Amend the Treaty Creating the Court of Justice of the Cartagena Agreement, in accordance with the following:
"Treaty Creating the Court of Justice of the Andean Community
CHAPTER I. OF ORDERING ANDEAN COMMUNITY LEGAL.
ARTICLE 1o. The legal system of the Andean Community comprises:
a) The Cartagena Agreement, its protocols and additional instruments;
B) This Treaty and its Amending Protocols;
C) Decisions of the Andean Council of Foreign Ministers and the Commission of the Andean Community;
D) Resolutions of the General Secretariat of the Andean Community; and
e) Industrial Complementation Agreements and other Members adopt each other and within the process of Andean subregional integration Countries.
. Decisions require member countries from the date they are approved by the Andean Council of Foreign Ministers or by the Commission of the Andean Community.
ARTICLE 3. Decisions of the Andean Council of Foreign Ministers or the Commission and the resolutions of the General Secretariat will be directly applicable in member countries from the date of its publication in the Official Gazette of the Agreement, unless the same signal an later date.
When your text so provides, decisions shall require transposition into national law through an express act in which the date of its entry into force in each member country indicated.
ARTICLE 4. Member countries are required to take the measures necessary to ensure compliance with the rules comprising the legal system of the Andean Community.
They agree, also, not to adopt or use one that is contrary to those rules or that somehow impede its implementation measure.
CREATION AND ORGANIZATION OF THE COURT.
The 5th ITEM. Create the Court of Justice of the Andean Community as a court of the same, with the organization and the powers set out in this Treaty and its amending protocols.
ARTICLE 6o. THE COURT HAS ITS HEADQUARTERS IN THE CITY OF QUITO, ECUADOR. The Court is composed of five judges, who must be nationals of member countries, enjoy high moral character and possess the qualifications required in their country for the exercise of the highest judicial office or be jurisconsults of recognized competence.
The judges shall enjoy full independence in the performance of their duties, may not perform other professional activities, remunerated or not, except teaching nature and shall refrain from any action incompatible with the nature of their position.
The Andean Council of Foreign Ministers, in consultation with the Court, may amend the number of judges and create the post of attorney general in the number and with the powers established for this purpose in the statute to Article 13 refers
ARTICLE 7. JUDGES APPOINTED TO BE PRESENTED BY EACH MEMBER Trios COUNTRY AND BY UNANIMOUS of plenipotentiaries entitled to do so. The government of the host country shall convene the plenipotentiaries.
Article 8. The judges shall be appointed for a period of six years shall be partially renewed every three years and may be reelected only once.
Article 9. Each judge will have a first and second alternate to replace them, in order, in cases of permanent or temporary absence and impediment or objection, in accordance with what is established in the Statute of the Tribunal.
The alternates must possess the same qualities as the principals. They shall be appointed on the same date manner and for the same period as those.
ARTICLE 10. The judges may be removed at the request of the government of a member country only when exercising their functions had committed serious misconduct under the Statute of the Tribunal and in accordance with the procedure established therein. To this end, governments of member countries appoint plenipotentiaries who, convened by the Government of the host country, solve the case at a special meeting unanimously.
ARTICLE 11. At the end of his term, the judge will continue in the exercise of his office until the date of taking office and his replacement.
ARTICLE 12. The member countries are obliged to provide the Court with all necessary facilities for the proper performance of their duties.
The Court and its judges enjoy in the territory of the member countries of the immunities recognized by international practice and in particular by the Vienna Convention on Diplomatic Relations, concerning the inviolability of its archives and correspondence officer, and in all matters relating to civil and criminal jurisdictions with the exceptions set out in Article 31 of the Vienna Convention.
Court premises are inviolable and its property and assets enjoy immunity from legal, safe procedure that expressly waive this. However, such waiver shall not apply to any measure of execution.
The judges, the Registrar and officials to designate that the character of international enjoy in the territory of the host country of the immunities and privileges corresponding to its category. For these purposes, the judges will grade equivalent to that of heads of mission and other officials to be established by agreement between the Court and the Government of the host country.
ARTICLE 13. Amendments to the Statute of the Court of Justice of the Cartagena Agreement, approved by Decision 184, adopted by the Andean Council of Foreign Ministers on a proposal from the Commission and in consultation with the Tribunal.
for the Court to establish its internal regulations. The Court shall appoint its Secretary and staff necessary for the performance of their duties.
ARTICLE 15. The Tribunal shall submit annual reports to the Andean Presidential Council, the Andean Council of Foreign Ministers and the Commission.
ARTICLE 16. THE COMMISSION OF THE ANDEAN COMMUNITY ANNUALLY TO APPROVE THE BUDGET OF THE COURT. To this end, the President of the Court sent every year, at an appropriate time, the corresponding draft budget.
OF COMPETENCE OF THE COURT.
REVOCATION OF THE ACTION.
ARTICLE 17. The Court must declare void the decisions of the Andean Council of Foreign Ministers, the Commission of the Andean Community of the resolutions of the General Secretariat and the Conventions referred to in subparagraph e ) Article 1o., dictations or agreed with violation of the rules comprising the legal system of the Andean Community, including misuse of power when they are challenged by a member country, the Andean Council of Foreign Ministers, the Commission the Andean Community, the General Secretariat or the natural or legal persons in the conditions laid down in Article 19 of this Treaty people.
ARTICLE 18. Members may only attempt the nullity action in relation to those decisions or agreements that have not been approved with their affirmative vote.
ARTICLE 19. Natural and legal persons may try the action to quash the decisions of the Andean Council of Foreign Ministers, the Commission of the Andean Community of the resolutions of the General Secretariat or affecting Conventions their subjective rights or legitimate interests.
ARTICLE 20. The action for annulment must be filed before the Court within two years from the date of entry into force of the decision of the Andean Council of Foreign Ministers, the Commission of the Andean Community resolution of the General Secretariat or the Convention subject to such action.
Although the deadline has expired in the preceding paragraph, either party in a dispute before national judges or courts may request such judges or courts, the inapplicability of the decision or resolution to this case, provided that it relates to the application of that rule and its validity is in question, in accordance with Article 17.
Following application of inapplicability, the national court consulted on the legality of the decision, resolution or agreement, the Court of Justice of the Andean Community and suspend the process until receiving the providence of it, which will be mandatory in the judgment of that court.
ARTICLE 21. The filing of the action of nullity shall not affect the effectiveness or validity of the challenged rule or agreement.
However, the Court, at the request of the applicant, prior consolidation if necessary, order the provisional suspension of the execution of the decision, resolution or accused agreement invalid or have other precautionary measures, if it causes or it would cause irreparable harm to the plaintiff or difficult to repair by final judgment.
ARTICLE 22. When the Court declares the total or partial annulment of the decision, resolution or contested agreement, indicate the effects of the judgment in time.
The body of the Andean Community whose act has been annulled shall adopt the provisions required to ensure effective compliance with the judgment within the time limit set by the court itself.
ARTICLE 23. When the General Secretariat considers that a member has committed a breach of obligations under the rules or agreements comprising the legal system of the Andean community, will make its observations in writing. The member shall answer within the period set by the General Secretariat in accordance with the seriousness of the case, which shall not exceed sixty days. Received the answer or the deadline, the General Secretariat in accordance with its rules and within fifteen days, give an opinion on the status of compliance with such obligations, which must be motivated.
If the opinion regardless of default and the member persists in conduct which has been the subject of observations, the General Secretariat shall request as soon as possible, the pronouncement of the court. The affected member country may accede to the action of the General Secretariat.
ARTICLE 24. When a member country considers that another member has committed breach of obligations under the rules comprising the legal system of the Andean Community, raise the case to the General Secretariat with the respective history, for it perform steps leading to remedy the breach within the first paragraph of the preceding article it refers to. Received the response and the deadline without having obtained positive results, the General Secretariat in accordance with its rules and within fifteen days give an opinion on the status of compliance with such obligations, which must be motivated.
If the opinion regardless of default and required the member persists in conduct subject of the complaint, the General Secretariat shall apply to the Court. If the General Secretariat does not file the action within sixty days following the opinion, the claimant country may appeal directly to the Court.
If the General Secretariat does not pronounce judgment within seventy-five days after the date of filing of the claim or opinion against the noncompliance, the claimant country may appeal directly to the Court.
ARTICLE 25. Natural or legal persons affected in their rights by the failure of a member country may call on the General Secretariat and the Court, subject to the procedure laid down in Article 24. The attempted action according
the provisions of the preceding paragraph, exclude the possibility of going simultaneously with the means mentioned in Article 31, for the same reason.
ARTICLE 26. In cases in which it was issued a resolution of verification of the existence of encumbrance or restriction or when a case of flagrant breach concerned, the General Secretariat, in accordance with its rules, it shall, as soon as possible possible a reasoned, from which it or the affected member, opinion may appeal directly to the Tribunal.
ARTICLE 27. If the Court finds noncompliance, the member whose conduct is the subject of the same, be bound to take the necessary measures for compliance within a period not exceeding its notification ninety days.
If that member does not fulfill the obligation under the preceding paragraph, the Court summarily and prior opinion of the General Secretariat, determine the limits within which the claimant country or any other member country may restrict or suspend, in whole or in part, the advantages of the Cartagena Agreement that benefit the member State remiss.
In any case the Court may order the adoption of other measures if the restriction or suspension of the advantages of the Cartagena Agreement agravare the situation that seeks to solve or be not effective in this regard. The Statute of the Tribunal, specify the conditions and limits the exercise of this power.
ARTICLE 28. THE COURT THROUGH THE GENERAL SECRETARIAT, COMMUNICATE ITS DETERMINATION TO MEMBER COUNTRIES. The Court before passing final judgment, at the request of the applicant and subject to securing part if necessary, order the provisional suspension of the allegedly offending measure if it causes or would cause the applicant or the subregion irreparable harm or difficult to repair .
ARTICLE 29. The judgments in infringement actions are reviewable by the same court at the request of a party, based on a fact that may have decisively influenced the outcome of the process, provided that the fact was unknown at the time the issuance of the judgment by the party requesting the review.
The application must be submitted within ninety days following the day on which the event is discovered and in any event within the year following the date of the judgment year.
ARTICLE 30. The default judgment delivered by the Court in the cases provided for in Article 25 shall constitute legal title and enough for the individual to ask the national court for compensation of damages applicable.
ARTICLE 31. Natural or legal persons shall have the right to go before the competent national courts, in accordance with the requirements of domestic law, when member countries comply with the provisions of article 4. of this Treaty, in cases where their rights are affected by the breach.
ARTICLE 32. It is for the Court judicial interpretation of the rules comprising the legal system of the Andean Community, in order to ensure their uniform in the territory of member countries application.
ARTICLE 33. National courts before which a process in which it is to be applied or any of the rules comprising the legal system of the Andean Community controvert may apply directly interpreted by the Court concerning those rules provided that the judgment is subject to appeal under domestic law. If the time comes to pass judgment without which has received the Court's interpretation, the judge must decide the case.
In all processes in which the verdict is not subject to appeal under domestic law, the judge shall suspend the proceedings and request directly its own initiative or upon request the Court's interpretation.
ARTICLE 34. INTERPRETATION, THE COURT SHOULD BE LIMITED TO REFINE THE CONTENT AND SCOPE OF THE RULES OF comprising the legal system the Andean Community, REGARDING THE CASE STUDY. The Court may not interpret the content and scope of national laws nor determine the material facts of the case, however which may refer to these when essential for the purposes of the interpretation sought.
ARTICLE 35. The judge hearing the case must adopt in its judgment the Court's interpretation.
ARTICLE 36. The member countries of the Andean Community ensure compliance with the provisions of this Treaty and in particular the observance by national as provided in this Section judges.
SECTION IV. RESOURCE
DEFAULT OR DOWN.
ARTICLE 37. When the Andean Council of Foreign Ministers, the Commission of the Andean Community or the General Secretariat, is serving a abstuvieren activity that are bound specifically by the legal system of the Andean Community, said bodies , member countries or the natural or legal under the terms of Article 19 of this Agreement persons may require compliance with these obligations.
If within thirty days is not accediere to that request, the applicant may appeal to the Court of Justice of the Andean Community to rule on the case.
Within the date of admission of the appeal thirty days, the court will issue the corresponding ruling, based on existing technical documentation, case history and explanations of the organ under appeal. That order, to be published in the Official Gazette of the Cartagena Agreement, shall indicate the form, manner and time in which the body under appeal must fulfill its obligation.