Preliminary consultation in the Central American Court of Justice and the national judge in the application of community law in SICA.

Abstract

This article reviews the principles of community law and their implications in the work of the national judge as community judge in the context of the integration processes of the European Union, the Andean Community of Nations and the Central American Integration System. The prejudicial consultation competence of the judicial organs of integration and the concrete exercise of the same before the Central American Court of Justice is studied through the study of each of its resolutions.

The article systematizes by comparing the scope of the competence within the framework of these three regional integration processes and determines the effectiveness of the preliminary reference as competence of the Central American Court of Justice with respect to the national judge in his role as community judge in Central American community law. For this purpose, a theoretical research with a qualitative approach has been carried out by means of the historical-logical method and the theoretical-legal method.