ANDEAN LIS PENDENS

Abstract

The legal system of the Andean Community (CAN) is ruled by its own principles, from which its supranational character is derived, which also reaches Andean bodies, such as its jurisdictional body: the Court of Justice of the Andean Community. On the one hand, the preliminary objection of “lis pendens” responds to the criteria applied by the same procedural exception in the field of domestic law, although extended to a subregional scope with a supranational character. On the other hand, the preliminary objection of “Andean lis pendens” or “parallel litigation” has a certain correspondence with the so-called preliminary objection of “duplication of procedures” or “pending international litigation”, the closest to the preliminary objection of “Andean lis pendens” in the Inter-American System for the Protection of Human Rights, however, with particularities of the Andean legal system that will be analyzed in this study.