The Free Movement of Goods in MERCOSUR: Developing a European Court of Justice Approach in MERCOSUR?

Abstract

This paper analyses the case law of MERCOSUR's Permanent Tribunal of Review (PTR), examining the influence of the European Court of Justice (ECJ) jurisprudence in the interpretation and orientation of MERCOSUR law. Although the ECJ jurisprudence could shed some light on the interpretation of certain rules, such case law has been used as de facto authority. Such a conclusion holds true in particular for the interpretation of MERCOSUR law where a legal vacuum is identified. The manner in which the PTR quotes the ECJ case law and immediately after, without further consideration of other sources, completely applies such case law supports this view. A more creative interpretation of MERCOSUR law is called for. The construction of a case law developed in the light of the MERCOSUR integration process itself is required. Taken together, the PTR reasoning in the three rulings on the occasion of the Remolded Tires case demonstrates the willingness of the PTR to follow the ECJ jurisprudence. The PTR could have engaged in a thorough review of MERCOSUR legislation which could have shed light on the scope of the exceptions to the free movement of goods.