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4 - The Powers of the EAEU

From Express to Implied

Published online by Cambridge University Press:  22 June 2023

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Summary

Chapter 4 delves into the powers of the EAEU in their substance. It addresses the concept common to all international organizations – attributed competences – and the way it is articulated in the EAEU. A number of areas fall under the exclusive competence of the organization, although the range of such powers is rather limited and there is no clear typology of competences. Specific attention is devoted to the doctrine of implied powers as a manifestation of the Court’s ability to interpret the distribution of powers and due to the attempt of the Member States to curtail this option in the EAEU. Given the fragmented nature of implied powers research and necessity to situate the EAEU in this respect, this chapter provides an overview of the adoption of this doctrine in distinct legal orders and offers a classification of approaches. This allows to demonstrate that the EAEU Treaty provisions, regardless the seeming wish of the drafters, do not in effect preclude the Court from establishing a balanced approach to implied powers. Therefore, it is enabled to exercise its authority to interpret competences in this respect and enhance legal order autonomy.

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Publisher: Cambridge University Press
Print publication year: 2023

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  • The Powers of the EAEU
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.005
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  • The Powers of the EAEU
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Powers of the EAEU
  • Maksim Karliuk
  • Book: The Emerging Autonomous Legal Order of the Eurasian Economic Union
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009082464.005
Available formats
×