Vol. 4 No. 2 (2024): Latin American Journal of European Studies

PUBLISHED: 2024-18-12

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the eighth edition of the Journal also has a thematic dossier on “Paths to Democracy: Lessons from the European Union and Latin America” organized by Roberto Ruiz Labrano of the Universidad Nacional de Asunción, (Paraguay). The eighth edition of the Journal is open for submissions until November 1st, 2024.

Full Issue

Editorial

Aline Beltrame de Moura , Naiara Posenato

Editorial

Abstract

Dossier

THE DIRECTION OF DEMOCRACIES IN THE 21ST CENTURY

Authors:

Liliana Bertoni – https://orcid.org/0000-0002-1877-5109

Elizabeth Accioly – https://orcid.org/0009-0002-2255-1623

Keywords:

Democracy; Rule of Law; European Union; Latin America; Far Right.

Abstract

The aim of this article is to address the state of democracies in this period of transition that has been taking place since the beginning of the 21st century, accompanied by major changes in all areas, not only in the behavior of states, but also in society. We will analyze the importance of transparency for strengthening modern democracies, especially in Latin American and European Union democracies, as well as respect for the rule of law, which have been somewhat influenced by the rise of populism on both continents. With a critical eye, we will examine the emergence of a new democratic order, with repercussions that could transform concepts that were taken for granted more than seven decades ago.

Liliana Bertoni

Elizabeth Accioly

THE EUROPEAN EXPERIENCE AND ITS ROLE IN THE CONSOLIDATION OF THE MERCOSUR DEMOCRACIES: history and current challenges

Authors:

Guillermo Irigoitia – https://orcid.org/0009-0000-8130-3529

Rodolfo Rivas – https://orcid.org/0009-0009-2211-1813

Keywords:

Democracy; Democratic Clause; Integration.

Abstract

We often talk about respect for democratic institutions as a prerequisite for existence or participation in regional integration processes, we take democracy for granted as an axiom in our society. Though, this has not always been the constant, it occurred through conquests in complex scenarios where integration processes such as MERCOSUR, even before its official incorporation, have developed a key role in the democratizing wave of the second half of the 20th century in South America, from the example of the European Union. This work aims to vary the predominant approach that presumes or presupposes democratic institutions as a premise for subsequent integration, contemplating integration itself, from a historical and geopolitical point of view, as an important catalyst element in the advent of current freedoms. Also exploring the current and upcoming challenges in this regard.

Guillermo Irigoitia

Rodolfo Rivas

THE EUROPEAN AND LATIN AMERICAN COURTS FOR THE PROTECTION OF HUMAN RIGHTS: genesis, characteristics and differences

Author:

Manuel Becerra Ramírez – https://orcid.org/0000-0003-3957-9446

Keywords:

Inter-American Human Rights System; European Human Rights System; Comparison between the inter-American and European human rights systems.

Abstract

The formation of a world order after the Second World War brought with it a network of legal norms aimed at the protection of human rights based on the provisions of the Charter of San Francisco and the Universal Declaration of Human Rights of 1948. From this normative framework emerges the European human rights system which, in its formation, is a model to be followed at the regional level. In this paper, in principle, we describe the European model of human rights protection, which has undergone a fast evolution in the twentieth century to create a rather complex and all-encompassing institution. Then we make a dogmatic description of the Inter-American Court of Human Rights. The Latin American model, although it also takes the original European model, of a dual control system of the American Convention with an Inter-American Commission and Court, has gone its own way to form a new and original system. In the comparison exercise that we carry out here, we can distinguish the differences between both models, which can be seen as virtues and flaws of each.

Manuel Becerra Ramírez

ACCESSIBILITY AND NON-DISCRIMINATION IN FAVOR OF PEOPLE WITH DISABILITIES: reflections from international law

Author:

Ginette Isabel Rodrigo Romero – https://orcid.org/0009-0006-3695-086X

Keywords:

People with disabilities; Universal accessibility; Anti-discrimination principle.

Abstract

People with disabilities have historically been undervalued due to a flawed perception of difference. To address this issue, this work examines the principles of equality, non-discrimination, and accessibility in international law, in relation to the provisions of the Convention on the Rights of Persons with Disabilities (CRPD), adopted in 2006. Two essential issues are covered, based on the justification and scope of the anti-discrimination principle. The first focuses on universal accessibility as a goal for the effective enjoyment and exercise of rights for people with disabilities within social spheres. The second addresses reasonable accommodations as necessary adaptations in specific situations and as a targeted accessibility strategy. Both mechanisms promote the removal of barriers and the creation of equal spaces without differential treatment in both the Inter-American Human Rights System and the European Union. The methodology used is primarily bibliographic, reviewing books, manuals, and scientific articles forming the doctrine on this subject, and also jurisprudential, examining cases from the Inter-American Court of Human Rights and the Court of Justice of the European Union. It is concluded that accessibility provides legal and material content to the principle of equality through strategies that approach disability from a social model, recognizing equal dignity and rights for all human lives.

Ginette Isabel Rodrigo Romero

LIMITS ON POLITICAL RE-ELECTION AND ITS IMPACT ON LOCAL GOVERNANCE

Authors:

Dulce María Domínguez Gaona – https://orcid.org/my-orcid?orcid=0009-0005-9495-7288

Jorge Antonio Breceda Pérez – https://orcid.org/0000-0001-5280-6936

Luz Daniela Natividad Molina – https://orcid.org/0000-0002-3696-5694

Keywords:

Municipal re-election; Local governance; Administrative stability.

Abstract

The article analyses the impact of municipal re-election on local governance, comparing the experience of Mexico with that of European countries such as France and Spain. It focuses on the effects of the 2014 political-electoral reform in Mexico, which allowed the consecutive re-election of mayors, contrasting it with the benefits and challenges of indefinite re-election in Europe. The main objective is to examine how limits on re-election affect administrative stability, efficiency, and accountability in local governance. It seeks to identify international practices that can be adapted to the Mexican context. The research uses a qualitative-comparative approach, combining case analysis and review of historical data. The impacts of the prohibition of re-election in Mexico are evaluated and compared with the results obtained in Europe, highlighting successful models and areas of opportunity. It concludes that re-election can be a powerful instrument to promote continuity and administrative stability, but requires mechanisms of transparency, accountability, and robust supervision to avoid clientelist practices. In Mexico, the implementation of international best practices could strengthen local governance without compromising political renewal.

Dulce María Domínguez Gaona, Jorge Antonio Breceda Pérez, Luz Daniela Natividad Molina

IS IT POSSIBLE THAT INTEGRATION PROCESSES CAN STOP DEMOCRATIC DEGRADATION IN THE STATES THAT INCLUDE IT? AN ANALYSIS OF THE EUROPEAN CASE

Author:

Alejandra P. Diaz – https://orcid.org/0000-0002-4311-4863

Keywords:

Regional Integration; Democracy; Institutions; European Union; Rule of law.

Abstract

In these more than 20 years of the new century we have witnessed the deterioration and regression of democracy in various states. Although democratic regimes continue to be valued positively by much of the Western world, other experiences have gone backwards until reaching systems that we can hardly identify as democratic. The European Union has not been able to escape this phenomenon, where we can find two paradigmatic examples such as the cases of Hungary and Poland. However, upon analyzing it we can see that within the integration scheme there are different mechanisms that limited the advance of democratic regression. The European institutions and regulations that defend democratic values through multiple actions have managed to contain the attacks of autocratic features of the aforementioned cases. To develop the work we will use an exploratory qualitative methodology of a critical analytical nature.

Alejandra P. Diaz

SITUATION OF MERCOSUR COUNTRIES IN TERMS OF ENVIRONMENTAL POLICY AND THEIR RELATIONSHIP WITH THE EUROPEAN UNION IN THE FRAMEWORK OF THE ESCAZÚ AGREEMENT

Authors:

Maximiliano Mendieta – https://orcid.org/0000-0001-5803-0411

Shirley Franco – https://orcid.org/0000-0002-9668-9791

Keywords:

Mercosur; European Union; Escazú Agreement.

Abstract

The Birregional Agreement between Mercosur and the EU is stalled by disagreements in the environmental policies carried out by each of the blocks. One of them is the Escazú Agreement that was not ratified by Brazil and Paraguay. This work aims to examine the situation of the Mercosur countries in terms of environmental policy and their relationship with the European Union (EU) within the framework of the Escazú Agreement, through a theoretical-analytical methodology with a qualitative approach. The results indicate that although the Mercosur countries have a robust legal system of legislative policies on environmental matters, the real problem lies in the non-compliance with the rules and other variables such as corruption. Another result indicates that the relations between Mercosur and the EU that seek progress in a trade agreement go beyond the mere ratification of Escazú, since other issues specific to the EU countries are identified regarding the comparative advantages that imported products could have with respect to European products, and that finally the way in which the Agreement signed in Brussels in 2019 is drafted would be in violation of international law norms.

Maximiliano Mendieta, Shirley Franco

SOCIOENVIRONMENTAL LAW AND TRADITIONAL COMMUNITIES IN LATIN AMERICA: CONTRIBUTIONS TO THINKING ABOUT THE PROBLEM OF NEOEXTRACTIVISM

Authors:

Danielle de Ouro Mamed – https://orcid.org/0000-0002-7671-2499

Cecílio Arnaldo Rivas Ayala – https://orcid.org/0000-0001-8828-4180

Ener Vaneski Filho – https://orcid.org/0000-0002-8209-8237

Keywords:

Socio-environmental Law; Neoextractivism; Latin America.

Abstract

The general objective of this article is to analyze the confrontation of traditional communities in Latin America with the problems caused by neoextractivism, from the perspective of socio-environmental law. To achieve this objective, it is proposed to think about it from three specific objectives, which will be developed in each of the parts of the article: a) expose the socio-environmental issue in Latin America; b) understand the relationships between environment and Law from a socio-environmental perspective; c) analyze who the traditional communities are and the socio-environmental rights affected and d) analyze the issue of neoextractivism under the demands of traditional communities. The issue is justified by the difficulties observed by traditional (non-indigenous) communities to guarantee their territorial rights, although they are long known as guardians of nature. The method used is deductive, with a monographic approach and bibliographic and documentary research. When discussing the issues, the aim is to verify whether a more appropriate treatment of the issue is necessary in terms of environmental public policies, with special attention to the processes of neo-extractivism.

Danielle de Ouro Mamed, Cecílio Arnaldo Rivas Ayala, Ener Vaneski Filho

MICROSEGMENTATION AND MANIPULATION. THE URGENT REGULATION OF AI IN ELECTION CAMPAIGNS TO PROTECT VOTER AUTONOMY

Authors:

Evelyn Téllez Carvajal – https://orcid.org/0000-0001-6136-6821

Abed Ieshua López Graniel – https://orcid.org/0009-0002-5858-761X

Valeria Estefanía Goche Mata – https://orcid.org/0009-0004-7030-1113

Keywords:

Microsegmentation; Democracy; Elections.

Abstract

Citizen participation in political election is a daily practice around the world, however, when the electorate goes to the polls and “makes a decision” it has already been influenced by the use of information or disinformation campaigns created by Artificial Intelligence, that have used their sensitive information collected through social networks and designed in a precise way to be able to influence the result of that final decision. Therefore, it is important to reflect of the autonomy of voters regarding the use of AI in electoral campaigns and the limits on the use of these technologies, giving people the freedom to choose. This work exposes the use of Artificial Intelligence to the detriment of citizen participation in an autonomous manner, making use of documentary analysis and comparing the actions that have been carried out in different latitudes to alleviate the manipulation of voters through social networks. As a hypothesis, it was proposed that voters who use social networks are at the mercy of the indiscriminate use of their personal data and consequently are targets of manipulation through fake news and deepfake orchestrated through electoral campaigns. Then the use of these tools to influence the decision of the electorate, undermining their autonomy, requires adequate regulation such as microsegmentation during electoral processes. Among the findings, the lack of knowledge of the issue among voters and a distrust on electoral organizations and institutions stands out, as a proposed solution, promoting digital literacy connected to democracy.

Evelyn Téllez Carvajal, Abed Ieshua López Graniel, Valeria Estefanía Goche Mata

CHALLENGES AND PROGRESS IN THE IMPLEMENTATION OF LOCAL PARTICIPATORY GOVERNANCE MECHANISMS IN PARAGUAY

Authors:

Marta Isabel Canese de Estigarribia – https://orcid.org/0000-0002-4655-6245

Cecilia María Vuyk Espínola – https://orcid.org/0000-0003-3190-7425

Keywords:

Government; Democracy; Participation.

Abstract

This study aimed to explore the challenges and progress made in the implementation of institutional mechanisms for local participatory governance in Paraguay, and their potential contributions to sustainable development, through an integrated review of scientific literature and legislation on the institutionalization of participatory governance mechanisms at the local level. In Paraguay, the mechanisms that have specific laws and regulatory standards are district development councils, neighborhood commissions, community councils, public observation, participation in non-mandatory public consultative sessions and hearings. However, the degree of participation allowed by these mechanisms does not guarantee the full participation and empowerment of local communities in the management of sustainable development of their territories.

Marta Isabel Canese de Estigarribia, Cecilia María Vuyk Espínola

THE IMPORTANCE OF RECOGNIZING SIGN LANGUAGES FOR THE FULL GUARANTEE OF DEMOCRACY, FREEDOM OF EXPRESSION, AND INCLUSION OF LATIN AMERICAN DEAF COMMUNITIES

Authors:

Amanda Avansini Arruda – https://orcid.org/0009-0009-5606-8876

Josiane Rose Petry Veronese – https://orcid.org/0000-0002-7387-0758

Keywords:

Deaf; Freedom expression; Sign language; Democracy; Fundamental rights.

Abstract

By observing the millennial trajectory of deaf people in the world, it can be seen that existing in a listening society is not a very simple exercise. Deaf communities and their sign languages suffered their development process in hiding, and for a very long time in the history of humanity, even their lives were forbidden. From the Universal Declaration of Human Rights (UN, 1948), after the horrors of World War II, people with hearing disabilities had their right to live assured, and the deafener activism of the Associations of the Deaf around the planet has achieved other rights inherent to deaf people such as communication, education, regarding their culture and expression of sign language. However, even today, Latin American deaf communities suffer from linguistic and communication barriers due to the lack of recognition and dissemination of their mother tongues: signs. Thus, it is necessary to make an analysis of how the recognition of sign languages in the field of Constitutional Law can be an important path for the consolidation of democracy and freedom of expression of the deaf. It is essential to know that democracy must be accessible to all people and groups, and that it is only fully achieved from the exercise of language, autonomy and access to basic rights by all citizens, regardless of their existential condition. Therefore, with a historical and dialectical analysis, the relevance of the recognition of sign language for maintenance and full guarantee of the democratic exercise and freedom of expression of Latin American deaf people will be addressed. The hypothesis of this research is the interference of the constitutional recognition of linguistic rights in the guarantee of access to fundamental rights by deaf communities. In this sense, the result that becomes clear is that the dissemination of sign language communication is an important decisive marker to ensure the full enjoyment of fundamental, civil and democratic rights by the deaf.

Amanda Avansini Arruda, Josiane Rose Petry Veronese

HUMAN RIGHTS AND THE RECOGNITION OF LEGAL SITUATIONS RELATED TO PERSONAL STATUS

Author:

Beatriz Campuzano Díaz – https://orcid.org/0000-0001-9737-5316.

Keywords:

Recognition; Human Rights; Case Law of the ECtHR and the CJEU.

Abstract

This paper analyzes the method of recognition of legal situations in relation to personal status issues. After presenting this method of recognition and the limits to which it is subject, the incidence of the case law of the ECtHR and the CJEU is analyzed in relation to the human rights recognized in the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, regarding controversial matters such are surrogacy, same-sex marriage and homoparental filiation. The case law analyzed shows how human rights law is a decisive factor for the recognition of legal situations, in an area where there is a lack of uniform international rules due to the difficulties of reaching an agreement. Thus, human rights contribute to improve the lives of people at the international level and the continuity of their legal relationships.

Beatriz Campuzano Díaz

Articles

THE DIALECTIC OF THE GEOGRAPHICAL AND CULTURAL WEST: Between European Heritage, Norm, and Reality

Author:

Lucas Bruno Amaral Mendes – https://orcid.org/0000-0003-0685-7163

Keywords:

Rechtsstaat; Rule of Law; Self-determination of peoples.

Abstract

The purpose of this article is to reflect on democracy and the values of the European Union and Neolatin Nations, especially the development of the Rechtsstaat, in contrast to the values of the Rule of Law, of anglo-saxon origin. We intend to discuss the culture and history of the West, in its cultural configuration, through the continental values of Freedom, Equality and Fraternity, and the anglo-saxon values of Freedom, Prosperity and Property, considering the peculiarities of European, Latin-Western and Anglo-Saxon history and culture, inclusive of the manifestation of their wills in the objective world, which the philosopher Hegel mentions. The European legacy gave the world the Rechtsstaat, and the possibility of, through politics, especially democratic, the self-construction of a collective will, expressed in norms, either in the European Treaties and the Charter of Fundamental Rights of the European Union, or the National Constitutions, and their transposition into reality, normatively regulating their culture and value as a determined people. In this sense, we seek to reflect on the current difficulty of the West to transpose its political will into reality, in addition to the geopolitical and ideological conflicts that contribute to this setting. To fulfill the objectives presented, developed through this research, we rely on debates interconnected by various research, documents and speeches, to provide a transdisciplinary reflection, considering studies in history, culture, politics, law and international relations.

Lucas Bruno Amaral Mendes

THE EUROPEAN UNION'S GLOBAL GATEWAY IN THE FRAMEWORK OF SINO-EUROPEAN RELATIONS

Author:

Daniel Romera Mejías – https://orcid.org/0000-0003-0685-7163

Keywords:

Global Gateway; EU-China relations; Belt and Road Initiative.

Abstract

This article aims to analyze the European Union proposal called Global Gateway, a new instrument reflecting Brussels’ medium-term strategy to compete with the Belt and Road Initiative of the People’s Republic of China. This analysis will focus on how the Global Gateway not only represents an economic and geopolitical response to the Chinese initiative, but also how it embodies the promotion of EU values and democracy at the global level. It will begin by examining the historical positions that the European Union has been defending with regard to the Asian country, with a geopolitical and geoeconomic analysis of the relations between the two actors. In light of the paradigm shift in these relationships as of 2019, the project that gives name to this document is studied in depth. Based on a thematic review of existing literature, it will analyze how Brussels uses the programme to disseminate its principles and values through cooperation and development policies. Finally, the implications of the Global Gateway in the current international system and its possible collision with the aforementioned Chinese project will be observed, paying particular attention to how this instrument influences global competition for leadership in infrastructure and connectivity and how it can serve as a vehicle for the globalization of European values, promoting democracy and respect for human rights in the beneficiary regions.

Daniel Romera Mejías

DUE DILIGENCE AS AN INSTRUMENT TO ENFORCE ENVIRONMENTAL PROTECTION: analysis of the regulatory proposal in european law

Author:

Stephanie Cristina de Sousa Vieira – https://orcid.org/0000-0001-6316-3526

Keywords:

Due diligence; Environmental protection; European Union Law.

Abstract

The accountability of companies for causing environmental damage is a global challenge. Considering this and the worsening climate change, the European Commission has adopted a directive proposal on corporate sustainability due diligence. This will allow for the assessment and monitoring of business activities’ risks to protect human rights, prevent environmental damage, and promote access to justice. In light of this, the following question arises: what are the limitations of European due diligence in terms of the effective protection of the environment? This research aims to understand the obstacles to be faced and the prospects of this instrument regarding the materialization of environmental protection in the EU. To this end, this research explains the spread of the instrument in the EU and the justification for its regional regulation, in order to understand the challenges that due diligence might face, based on the directive proposed by the European Commission. The methodology is qualitative in nature, applying inductive and deductive reasoning through literature review and document analysis of international norms and regional instruments. As a result, it is found that the regulation could contribute to regional and global progress in environmental matters, human rights, and good governance, but may face limitations in its effectiveness due to the approval of a less ambitious legal text and therefore inadequate to address the issues, especially those related to climate, the complexity of companies’ value chains, and difficulties in controlling and monitoring compliance with the regulations. It is concluded that this is an important instrument given the current climate circumstances, despite the need for joint action with other mechanisms and improvement of its provisions, so that environmental protection is effectively achieved.

Stephanie Cristina de Sousa Vieira