Aleksey Ispolinov

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

2016. No. 4. P. 152–166 [issue contents]
The establishment of the Court of the Eurasian Economic Union has marked another attempt of theEAEU members to set up a regional integration court. Russian legal scholars have embarked theanalysis of the Court Statute and Rules of the EAU Court, including the comparison with the powersof the EurAsEC court which had operated for three years and the competence and organizational activityof 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 andassigning it with a particular jurisdiction which significantly differs from the EUCH powers and EAEUcourt competence. The author of the paper attempts to compensate the gap by examining the Statuteof the EAEU court on the one hand as the reflection of concern and doubts and concerns of themembers 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 minimizejudgments unwanted for them. The author concludes that seeking balance between independenceand efficiency of the EAEU court and control over the court have not been strategically justified. Thefears and doubts of the states drafting the statute of the Court leads to weakening features of thecourt, which will be instantly seen in the quality of the process of Eurasian integration. The existinglimitations in the court jurisdiction do not promote to the development of its authority and legitimacyeither for potential appellants which may seek protection of rights in other international or nationalcourts to challenge the EAEU courts in EUHRC, WTO court, investment arbitrations or constitutionalcourts of the EAEU members.
Citation: Ispolinov A. (2016) Statut Suda EAES kak otrazhenie opaseniy i somneniy gosudarstv-chlenov Evraziyskogo ekonomicheskogo soyuza [Statute of EAEU Court as Reflection of EAEU Members Concerns and Doubts]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 152-166 (in Russian)
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