The principle of preservation in Andean community law: an imperative from a legal security perspective

Vargas-Chaves I. · Via Inveniendi et Iudicandi (2025) · DOI: 10.15332/19090528.10993

Resumen

This paper aimed to analyze the central role of the principle of preservation of the Andean community legal order as a fundamental guarantor of legal certainty within the Andean Community integration system. The methodology employed was a documentary analysis with a systematic and teleological approach, critically reviewing doctrinal sources on Andean community law and theories on legal certainty. The results indicate that, despite the conceptual complexity of legal certainty, it is primarily based on the principle of preservation of the legal order. This principle, through the binding nature and intangibility of norms and the actions of the Court of Justice of the Andean Community, provides the necessary stability and predictability. The main conclusion is that the preservation of legal order is not an accessory feature but the fundamental pillar that endows legal certainty with effectiveness and credibility within the Andean Community, being an indispensable condition for community law to fulfill its integrative purposes with certainty and confidence.

Instituciones: Universidad Señor de Sipán