Open AccessCONSTITUTIONAL GUARANTEES FOR THE TRANSFER BY MEMBER STATES OF THE AUTHORITY TO THE EURASIAN ECONOMIC UNION AND EUROPEAN UNION
Author(s) -
Лидия Щур-Труханович,
Lidiya Shchur-Trukhanovich
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/21249
Subject(s) - economic union , member states , political science , constitution , member state , state (computer science) , european union , law , constitutional law , law and economics , international trade , sociology , economics , algorithm , computer science
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.