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O SÚDNOM DVORE EURÁZIJSKEJ HOSPODÁRSKEJ ÚNIE: POSTAVENIE, KONANIE A PRÍNOS

100%
Mareček L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
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vol. 104
|
issue 3
247 – 264
EN
The Court of Justice is the judicial body of the institutional system of the Eurasian Economic Union. The Union is a regional economic organisation that was founded in 2015. Its existence links to the existence of previous economic constellations in the region – the Eurasian Economic Community (2000), Eurasian Customs Union (2010) or Eurasian Economic Space (2013). The executive centre of the Union is Moscow. It consists of five states of which the Russian federation, economically speaking, is the most influential. In the Union, integration at the executive level plays a dominant role. About the Court of Justice, there may be concerns that its independence will be sufficiently ensured. The “reform” of 2015 does not solve the problem but only weakens its competences, e.g. removal of the preliminary ruling procedure. The decision-making activity of the Court of Justice is less intense than that of its counterpart in the European Union. From a qualitative point of view, in some moments we can see signs of his judicial activism. In principle, however, his decision-making activity does not yet lead to conclusions that we could call “ground-breaking.” In its work, it builds on its decision-making work before the Court of Justice of the Eurasian Community. It is possible to emphasize the formulation of the principle of direct application and the primacy of Union law or the principle of the concurrent primacy of the competence of the Union institutions in the event of their conflict with the competence of a national authority. The Court also formulated the autonomy of the Union law principle. Proceedings before the Court starts based on an initiative of a subject and can be divided into disputes and interpretations (which are consultative). Dispute proceedings must be preceded by an attempt to an out-of-court settlement. The active legitimate subjects are the Member States and the so-called business. At the level of the business entity, it is proving to be giving the individual wider access to transnational judicial protection than in EU conditions. The Union institutions do not have such a possibility. However, these have an impact on the Court’s work in terms of its control, creation or enforcement. This is mainly because the Court of Justice cannot overturn existing rules (regional, national) or authoritatively determine how its decisions are to be enforced.
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