Statute of EAEU Court as Reflection of EAEU Members Concerns and Doubts

Abstract

The establishment of the Court of the Eurasian Economic Union has marked another attempt of the EAEU members to set up a regional integration court. Russian legal scholars have embarked the analysis of the Court Statute and Rules of the EAU Court, including the comparison with the powers of the EurAsEC court which had operated for three years and the competence and organizational activity of the EU Court of Justice. However, some issues remain outside the scope of research in particular, the motives guided by the EAEU members approving the decision on establishing Court and assigning it with a particular jurisdiction which significantly differs from the EUCH powers and EAEU court competence. The author of the paper attempts to compensate the gap by examining the Statute of the EAEU court on the one hand as the reflection of concern and doubts and concerns of the members on the one hand as the reflection of fears, doubts of the members as to the court being established, and on the other hand as a group of measures to control the new court to avoid or minimize judgments unwanted for them. The author concludes that seeking balance between independence and efficiency of the EAEU court and control over the court have not been strategically justified. The fears and doubts of the states drafting the statute of the Court leads to weakening features of the court, which will be instantly seen in the quality of the process of Eurasian integration. The existing limitations in the court jurisdiction do not promote to the development of its authority and legitimacy either for potential appellants which may seek protection of rights in other international or national courts to challenge the EAEU courts in EUHRC, WTO court, investment arbitrations or constitutional courts of the EAEU members.