Moreover, the Andean Court declared that said criterion is indeed applicable and therefore, the obligation for a national judge to request a PI before the Andean Court is limited in four scenarios: i) when the ACC has not interpreted the Andean norm that must be applied in the resolution of the case by the national judge; ii) when the ACC has already interpreted one of the Andean norms to be applied but has not done the same on other Andean norms that must also be applied by the national judge when settling the same case; iii) when the national judge considers that the ACC must specify, apply or amend the interpretation previously given to the Andean norm applicable to the case; and iv) when the national judge has unavoidable concerns regarding hypothetical situations that are linked to the Andean norm that has already been interpreted.
In other words, it will no longer be mandatory to request a PI before the ACC in absolutely all cases. This decision streamlines litigation in Andean member states given it would take the ACC anywhere from 6 months to one year to issue a PI.
Source in Spanish.
