Towards a multilevel judicial dialogue: The preliminary ruling procedure as a tool for uniform interpretation in the Inter-American Human Rights System

Abstract

This article proposes the design of a prejudicial interpretative mechanism within the framework of the Inter-American Human Rights System as a means to strengthen the uniform interpretation and application of conventional human rights instruments, based on the increasing interdependence between national and international legal orders and the need for enhanced cooperation among different jurisdictions. It argues that the incorporation of a judicial dialogue tool—similar to the European preliminary ruling mechanism, yet adapted to the particularities of the Inter-American System— would help ensure a more coherent and effective protection of human rights in the region. The proposal is grounded in the idea that such a mechanism could serve as a key element to prevent hermeneutic fragmentation and to foster a genuine inter-American legal community, not by displacing the interpretative responsibility of domestic judges, but by complementing their exegetical functions through the specialized guidance of the Inter-American Court of Human Rights. The proposal is formulated in de lege ferenda terms, taking into account the specific demands of the Inter-American System and the comparative lessons offered particularly by the experiences of the European Union and the Andean Community.