BURNING ISSUES OF INTEGRATION LAW AND CONSTITUTIONAL LAW OF MEMBER-STATES
Rubrics: LEGAL EVENTS
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
11.03.2016
Accepted:
11.03.2016
Published:
11.03.2016
Language:
Russian
Keywords:
Eurasian Economic Union, Custom Union, Court of the Eurasian Economic Union, Constitutional Court of the Russian Federation, Constitutional Council of the Republic of Kazakhstan, dualism of legal regulation.
Abstract (English):
The question about primacy of supranational rules over domestic law, about correlation of competences of integration court and of high national courts arises at certain stage of the development of integration law. This question is vital both for the Eurasian Economic Union. At the same time spheres that require complementary activity of international and national courts may be revealing. In the law of the Eurasian Economic Union these include settlements of disputes because of different parts of a rule are a part of acts of different levels: supranational and national. This involves diverse sanctions for breach of Union law in member states, distinct tariff exemptions. This dualism of legal regulation leads to absence of legal certainty and stability, directly infringe human and civil rights and liberties. This article examines features of law of the Eurasian Economic Union at the present stage, solutions of specified problems.
The question about primacy of supranational rules over domestic law, about correlation of competences of integration court and of high national courts arises at certain stage of the development of integration law. This question is vital both for the Eurasian Economic Union. At the same time spheres that require complementary activity of international and national courts may be revealing. In the law of the Eurasian Economic Union these include settlements of disputes because of different parts of a rule are a part of acts of different levels: supranational and national. This involves diverse sanctions for breach of Union law in member states, distinct tariff exemptions. This dualism of legal regulation leads to absence of legal certainty and stability, directly infringe human and civil rights and liberties. This article examines features of law of the Eurasian Economic Union at the present stage, solutions of specified problems.
Keywords:
Eurasian Economic Union, Custom Union, Court of the Eurasian Economic Union, Constitutional Court of the Russian Federation, Constitutional Council of the Republic of Kazakhstan, dualism of legal regulation.
Eurasian Economic Union, Custom Union, Court of the Eurasian Economic Union, Constitutional Court of the Russian Federation, Constitutional Council of the Republic of Kazakhstan, dualism of legal regulation.
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