In close cooperation with the Supreme Courts of Nicaragua, UNCTAD organizes a National workshop for Judges and Prosecutors.
The National Workshop for Judges falls within UNCTAD's COMPAL Programme and its framework of institutional capacity building for effective competition law and policy enforcement for Latin America and as a way of implementing the recommendations of the UNCTAD Voluntary Peer Review for Nicaragua in 2013.
A recent ruling of the Supreme Court of Nicaragua has interpreted that the Competition Authority has no jurisdiction in dealing with financial institutions as they should be governed under the Superintendence of Banks and Insurances. This recent ruling has created a number of legal vacuums for the effective enforcement of competition rules in the regulatory sector. Hence, the workshop will address the importance of competition in the regulated sectors and how judges should interpret the provisions of the competition law in Nicaragua.
The principal objective is to familiarize High-Court and Supreme Court judges with both the economics underpinning national competition laws and how this combines with the legal approach to enforcing competition policy in order to promote smooth and effective enforcement of competition legislation in line with competition policy objectives in their respective countries.
Experts drawn from a judicial, academic and competition enforcement background from Colombia, Spain and UNCTAD will conduct the training (detailed information about the experts can be found in the attached work programmes in Spanish version). The Experts will guide the sessions, but discussions are encouraged and participants are free to express their opinions and raise case specific issues.
The event will result in the better understanding of cross-cutting issues of Competition Law Enforcement within the judicial assessment of cases.
Participants: Judges, Prosecutors and advisers to Judges and Chambers of the National Courts of Nicaragua.
The participants will work in small groups of about 6 persons formed on the basis of self- election and a cross- mix of participants. The course will begin with a session that will address theoretical issues and then discuss real - life and theoretical cases intended to illustrate and clarify issues under each of the six topics outlined above. Each participant will be provided with:
• Training materials, including the UNCTAD training module on competition enforcement
• Basic principles on the independence of the judiciary. UN General Assembly of resolutions 40/32 of 21 November 1985, and 40/146 of 13 December 1985
• Competition case studies drawn from developed and developing countries
• A compendium of national competition laws and other laws relevant to competition
• UNCTAD Model Law on Competition
• Lecture notes and PowerPoint presentations by all the experts
• Biographical data of each participant and expert
· Juan Luis Crucelegui. Deputy Head. Competition and Consumer Policies Branch, DITC
· Pierre Horna, Officer in Charge of the COMPAL Programme, Competition and Consumer Policies Branch, DITC