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Diego Germán Mejía-Lemos

Request Submitted by the Supreme Court of Justice of Uruguay in Relation to Decisions of the Civil Court of First Instance No 1, in Connection With the Case of 'Estate of Carlos Schnek and ors v Ministry of Economy and Finance and ors’, Uruguay, Advisory opinion, Advisory Opinion No 1/2008, ITL 127 (MERCOSUR 2008), IUE 2-32247/07, 24th April 2008, Permanent Review Court

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 January 2021

Whether and under what conditions norms contained in the treaties establishing or governing MERCOSUR and in acts adopted by organs thereof prevailed over the internal law of a member state incompatible with them.

Whether the MERCOSUR Permanent Court of Appeals had the competence to indicate what norm was to be applied by the competent organ of the member state in the event of a finding of incompatibility of internal norms with norms contained in MERCOSUR norms.

Whether the Court had the competence to directly declare the nullity or inapplicability of norms of the internal law of a member state on grounds of their incompatibility with MERCOSUR norms.

Whether, and with what degree of precision, characterization of the measure forming the object of a review of compatibility with MERCOSUR norms within the framework of Advisory Opinion proceedings was required for the Court to proceed to address the substantive questions posed in a Request for Advisory Opinion.

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