The Eurasian Economic Union (‘EAEU’) – an international organization for regional
economic integration in post-Soviet space – has a judicial body aimed at ensuring uniform
application of law. This article argues that the 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. At the same time, 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.
This article analyses the relationship of the two legal orders to assess the possibilities for tensions between them. It points out the sources of such tensions, which lie in certain indeterminacies within the EAEU legal order, temptations to assert power, and recent far-reaching practices of the Russian Constitutional Court.
Karliuk M. Russian Law Journal. 2017. Vol. 5. No. 2. P. 33-52.
The article argues that the EAEU lags behind the EU both in terms of the autonomy of its legal order and in its ability to ensure the effective functioning of the organization. The EAEU’s supranational features are limited, as it relies predominantly on intergovernmental elements with a view to preserving the interests of all of its member states.
Karliuk M. Review of Central and East European Law. 2017. No. 42. P. 50-72.
This article looks into the ability of the Court of the Eurasian Economic Union (EAEU) to ensure the functioning of the EAEU legal order. It is argued that it will be a hard task for the EAEU Court to ensure the uniform application of EAEU law. This follows from the removal of the preliminary ruling procedure, which has left the Court without a powerful vehicle of interpretation of law and has isolated it from national courts.
Karliuk M. The European Union and the Eurasian Economic Union: Moving toward a Greater Understanding. Amsterdam; The Hague: Eleven International Publishing, 2016.
This article looks into the ability of the Court of the Eurasian Economic Union (EAEU) to ensure the functioning of the EAEU legal order. It is argued that it will be a hard task for the EAEU Court to ensure the uniform application of EAEU law.
Karliuk M. Law. LAW. Высшая школа экономики, 2016. No. 69.