The Disintegration of the Judiciary Within Eurasian Integration

Abstract

The Eurasian Economic Union (‘EAEU’) – an international organization of regional economic integration in post-Soviet space – has a judicial body aimed at ensuring uniform application of law. This article argues that the EAEU Court will struggle in achieving its aim as there are issues of independence, it has diminished powers, and limits have been imposed on its interpretative practices, at least as compared to its predecessor. This may lead to problems in respecting the rule of law and “dis-integrates” the judiciary in the sense of a common system involving national courts. Nevertheless, it is also argued that, although the Court’s procedural and substantive powers have been limited, the attempt to limit certain interpretative powers of the Court can hardly result in meaningful consequences for the development of law.

Keywords: Eurasian Economic Union, EAEU Court, Preliminary Ruling, Exclusive Jurisdiction, Advisory Opinion

JEL Classification: K33, F13, F15