From European tradition to Latin American reality: toward establishing the role of Advocate General in the Court of Justice of the Andean Community

Abstract

This article examines the office of the Advocate General at the Court of Justice of the European Union and evaluates the case for its incorporation into the Court of Justice of the Andean Community. Using comparative analysis, it delineates the functions, contributions, and institutional guarantees that define the Advocate General in the European context, highlighting its role in ensuring jurisprudential coherence, the development of law, and the legitimacy of supranational adjudication. The article further analyses the historical, political, and budgetary reasons for the absence of this office in the Andean system, including national sovereignty concerns, the economic-commercial emphasis of integration, and the Andean Community’s financial constraints. Drawing on the existing Andean legal framework, it identifies the normative and procedural mechanisms required to introduce an Advocate General within the Court of Justice of the Andean Community. The article argues that such adoption would strengthen homogeneity, the unity of the legal order, and the transparency of decision-making. Finally, it contends that this reform would enhance judicial dialogue between the Court of Justice of the Andean Community, Court of Justice of the European Union and other international courts, thereby consolidating member state and legal practitioner confidence in the regional integration system.