Book contents
- The Emerging Autonomous Legal Order of the Eurasian Economic Union
- The Emerging Autonomous Legal Order of the Eurasian Economic Union
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- 1 Autonomy of a Legal Order
- 2 The Establishment of the Eurasian Economic Union
- 3 Supranational and Intergovernmental Functioning of the EAEU
- 4 The Powers of the EAEU
- 5 Law of the Union and Autonomy
- 6 EAEU Judiciary as the Guardian of the Autonomous Legal Order
- 7 Conclusion
- Bibliography
- Index
6 - EAEU Judiciary as the Guardian of the Autonomous Legal Order
Published online by Cambridge University Press: 22 June 2023
- The Emerging Autonomous Legal Order of the Eurasian Economic Union
- The Emerging Autonomous Legal Order of the Eurasian Economic Union
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Table of Cases
- Abbreviations
- Introduction
- 1 Autonomy of a Legal Order
- 2 The Establishment of the Eurasian Economic Union
- 3 Supranational and Intergovernmental Functioning of the EAEU
- 4 The Powers of the EAEU
- 5 Law of the Union and Autonomy
- 6 EAEU Judiciary as the Guardian of the Autonomous Legal Order
- 7 Conclusion
- Bibliography
- Index
Summary
Chapter 6 is devoted to the functioning of the EAEU Court and its ability to fulfil its aim of ensuring uniform application of EAEU law, and eventual aptitude to ensure the formation and continued existence of the autonomous legal order. The Court relies significantly on EU case-law as its main source of inspiration, making references to it and at times adopting similar doctrines. Some basic judicial remedies available in the EAEU are similar to those in the EU, however the focus is on the remedies that are absent while of paramount importance for legal order autonomy. Thus, the chapter reviews the special case of preliminary ruling as a mechanism ensuring uniform application and interpretation of law throughout the organization, and in the absence thereof, looks for a substitute. It reviews some other limitations that the Court has suffered and explores the reasons for that, including the analysis of some highly controversial decisions of the Court. It also addresses the issue of exclusive jurisdiction of the Court. It is argued that these challenges are the hardest to overcome. Nevertheless, it is demonstrated that there are ways out and that certain treaty-imposed limitations are virtually impossible to uphold in practice.
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- Publisher: Cambridge University PressPrint publication year: 2023