Influence of institutional and procedural features in the law of the EAEU on ensuring the principle of mutually beneficial cooperation (by the results of participation in the I Central Asian International Legal Forum, MSLA, MGIMO, Moscow, 2023)
https://www.doi.org/10.32523/2791-0954-2023-5-1-41-54
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Keywords:
принцип взаимовыгодного сотрудничества; интеграционное право; международная организация; право ЕАЭС; институциональная система ЕАЭС; Суд ЕАЭС; выборы председателя международного судебного органа; конкурсная комиссия; особое мнение судьи; обжалование судебных постановленийAbstract
The article is devoted to the analysis of the regulatory impact of institutional and procedural features in the law of the Eurasian Economic Union on ensuring the principle of mutually beneficial cooperation.
Based on the example of the institution of electing the administration of an international judicial body, a legal imbalance has been established that affects the provision of the principle of mutually beneficial cooperation.
An assessment of the legal regulation of the dependence of the selection of personnel to the Court of the Union on the budgetary financing of the EAEU bodies is given, taking into account the principle of equal participation of the Member States, as a negative impact on mutually beneficial cooperation.
Based on the study of the practice of issuing dissenting («special») opinions of judges, it has been established that such a procedural instrument is often used for purposes not intended for it, which contributes to the destruction of the legal and creative potential of integration formation.
Particular attention is paid to the issue of appealing a court decision. The prohibition of appealing against decisions provided for by the procedural law of the Union does not correlate either with the fundamental idea of the Union of ensuring mutually beneficial cooperation, or with the supremacy of constitutional rights and freedoms of man and citizen guaranteed by the Treaty on the EAEU.
The analysis of distinguished features of vesting the judges of the Court of the Union with immunity from the jurisdiction of judicial and administrative bodies has been carried out. A suggestion was made to provide the Court with greater independence, incl. in the context of expanding the geography of the current judge immunities on the territories of all Member States.
A comprehensive study found that a properly established institutional system eliminates contradictions while duties are being practiced by the bodies of integration formation, which requires it’s permanent enhancement, taking into account the principle of mutually beneficial cooperation.
