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The Disintegration of the Judiciary Within Eurasian Integration

The Disintegration of the Judiciary Within Eurasian Integration The Eurasian Economic Union (‘eaeu’) – an international organization for regional economic integration in post-Soviet space – has a judicial body aimed at ensuring uniform application of law. This article argues that the eaeu Court will struggle in achieving its aim as there are issues of independence, it has diminished powers, and limits have been imposed on its interpretative practices, at least as compared to its predecessor. This may lead to problems in respecting the rule of law and ‘dis-integrates’ the judiciary in the sense of a common system involving national courts. At the same time, it is also argued that, although the Court’s procedural and substantive powers have been limited, the attempt to limit certain interpretative powers of the Court can hardly result in meaningful consequences for the development of law. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

The Disintegration of the Judiciary Within Eurasian Integration

Review of Central and East European Law , Volume 44 (3): 30 – Sep 5, 2019

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/15730352-04403001
Publisher site
See Article on Publisher Site

Abstract

The Eurasian Economic Union (‘eaeu’) – an international organization for regional economic integration in post-Soviet space – has a judicial body aimed at ensuring uniform application of law. This article argues that the eaeu Court will struggle in achieving its aim as there are issues of independence, it has diminished powers, and limits have been imposed on its interpretative practices, at least as compared to its predecessor. This may lead to problems in respecting the rule of law and ‘dis-integrates’ the judiciary in the sense of a common system involving national courts. At the same time, it is also argued that, although the Court’s procedural and substantive powers have been limited, the attempt to limit certain interpretative powers of the Court can hardly result in meaningful consequences for the development of law.

Journal

Review of Central and East European LawBrill

Published: Sep 5, 2019

There are no references for this article.