CONSTITUTIONAL GUARANTEES FOR THE TRANSFER BY MEMBER STATES OF THE AUTHORITY TO THE EURASIAN ECONOMIC UNION AND EUROPEAN UNION
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
24.08.2016
Accepted:
24.08.2016
Published:
24.08.2016
Language:
Russian
Keywords:
integration, European Union, Eurasian Economic Union (EAEU), Eurasian Economic Commission, Court of the Eurasian Economic Union, constitutions of EAEU Member-States, transfer of powers to international organizations, Treaty on the Eurasian Economic Union.
Abstract (English):
This article presents an analysis of constitutional grounds for the transfer of certain powers of the state by Member-States of the European Union (EU) and the Eurasian Economic Union (EAEU). The focus of the legal analysis is the EAEU, a regional integration grouping which is operating since 1 January 2015. This new international organization, comprising Armenia, Belarus, Kazakhstan, the Kyrgyz Republic and Russia is rapidly developing , making the use of the powers vested into it by its Member-States. However, only one Member-State of the EAEU has a constitutional act that contains norms allowing the transfer of certain powers to an international association — namely, the Constitution of the Russian Federation. The constitutional acts of other Member-States of the EAEU do not contain such provisions, and the relevant analysis was left to the constitutional judiciary authorities of those states. In contrast, constitutional acts of most European states contain norms that generally establish the right of the state to transfer certain powers to international organizations and associations, and, moreover, that specifically refers to the EU as a subject of such a transfer, while at the same time outlining procedures for the interaction between governmental bodies of those states and the institutions of the EU. By making a comparative analysis of international norms and national constitutional provisions in the EU and EAEU, the article attempts to estimate the relevant risks for the EAEU, and identify the conditions in which they may occur.
This article presents an analysis of constitutional grounds for the transfer of certain powers of the state by Member-States of the European Union (EU) and the Eurasian Economic Union (EAEU). The focus of the legal analysis is the EAEU, a regional integration grouping which is operating since 1 January 2015. This new international organization, comprising Armenia, Belarus, Kazakhstan, the Kyrgyz Republic and Russia is rapidly developing , making the use of the powers vested into it by its Member-States. However, only one Member-State of the EAEU has a constitutional act that contains norms allowing the transfer of certain powers to an international association — namely, the Constitution of the Russian Federation. The constitutional acts of other Member-States of the EAEU do not contain such provisions, and the relevant analysis was left to the constitutional judiciary authorities of those states. In contrast, constitutional acts of most European states contain norms that generally establish the right of the state to transfer certain powers to international organizations and associations, and, moreover, that specifically refers to the EU as a subject of such a transfer, while at the same time outlining procedures for the interaction between governmental bodies of those states and the institutions of the EU. By making a comparative analysis of international norms and national constitutional provisions in the EU and EAEU, the article attempts to estimate the relevant risks for the EAEU, and identify the conditions in which they may occur.
Keywords:
integration, European Union, Eurasian Economic Union (EAEU), Eurasian Economic Commission, Court of the Eurasian Economic Union, constitutions of EAEU Member-States, transfer of powers to international organizations, Treaty on the Eurasian Economic Union.
integration, European Union, Eurasian Economic Union (EAEU), Eurasian Economic Commission, Court of the Eurasian Economic Union, constitutions of EAEU Member-States, transfer of powers to international organizations, Treaty on the Eurasian Economic Union.
1. Bela Balassa. The Theory of Economic Integration. L., 1962.
2. Vasilevich G. A. Konstitutsionnye osnovy implementatsii mezhdunarodnykh dogovorov Respubliki Belarus´ i norm integratsionnogo prava. Minsk, 2015.
3. Sbornik materialov Pervogo integratsionnogo foruma «Edinoe ekonomicheskoe prostranstvo Belarusi, Kazakhstana, Rossii i Ukrainy: znachenie, vozmozhnosti, perspektivy». M., 2005.
