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Sumary
The purpose of this paper was to determine the legal nature of the legislation enacted by bodies of
the MERCOSUR (Southern Common Market) and its hierarchy, in order to establish, should they collide
with Argentine legislation, whether they shall have a higher or a lower hierarchy than domestic
legislation
In this paper, the collision takes place between the Argentine customs laws and the laws enacted by
bodies of the MERCOSUR.
In order to achieve such purpose, we shall use a wide range of opinions of scholars and case law as
grounds to adopt a personal opinion on the subject.
After studying this issue, we reached the conclusion that the legislation enacted by bodies of the
MERCOSUR may require the contracting State to incorporate it or not, but this shall depend on the
kind of rule in question; however, if it is considered community law, it shall have a higher
hierarchy than domestic legislation. |
