The Court of the Eurasian Economic Union: Challenges of Functioning

Abstract

The Court of Eurasian Economic Union is envisaged by the Treaty on EAEC (Eurasian Economic Community) as one of the bodies of the Union. Its principal aim is to ensure uniform application of the Treaty and compliance of the agreements adopted by the Union member states as well as acts of the Union bodies with the Treaty.All member states, bodies of the Union and, in certain cases, economic entities has the right of appeal to the Court. The Court is empowered to adjudicate cases of disputes arisen within the framework of the Union as well as to issue advisory opinions. Court decisions are binding while advisory opinions are of suggestive nature. When hearing cases, the Court applies the Treaty on EAEC, international treaties of the states concluded within the framework of the Union and norms of international law.Established in 2015, the Court of EAEC appeared to be in demand among the states, economic entities and bodies of EAEC. The analysis of the activities of the Court and its legal framework enabled to identify a number of outstanding issues related to the status and organization of the activities of the Court. Thus, the competence of the Court as stipulated by the Statute does not reflect the power (as stipulated by the Treaty) of the Highest Eurasian Economic Union to appeal to the Court with a request. The limits of competence of the Court are not clearly and sufficiently denoted, the fact that might serve grounds for the unwarranted expansion thereof. The procedure for initiation of issuance of advisory opinions and termination of proceedings in such cases is not sufficiently regulated. There is no clarity as to the legitimacy of the collective dissenting opinions of judges.The analysis of the Court practice shows that in broad terms it fulfills its mandate. The decisions adopted by it enabled to elaborate critical legal positions and clarify many practical issues in such areas as functioning of the Customs Union and internal market of the Union, general principles and rules of competition, protective measures for internal market and transportation policy.