Available only in Russian
Author: Tatyana Neshataeva
Keywords: binding decisions, erga omnes, Eurasian Economic Union, international courts, judgment, judicial decision, national jurisdiction, supranational courts
A number of intricate questions on effects of supranational legal acts upon and within the national law frameworks appear in relation to the establishing of the Eurasian Economic Union, The author demonstrates that the decisions of supranational bodies are effective within the national legal systems without enactment of national laws, what presupposes the transfer of the power to establish uniform rules of conduct from national judiciary to supranational international organization. Special attention is paid to the characteristics of international and supranational courts decisions. In this respect, the author, dwelling on her own comparative study, concludes that the decisions made by international courts are of a clearly distinct nature, differing from the decisions of supranational courts: whereas the former are only binding upon the parties of a dispute, the latter are binding upon every member state of a supranational entity – erga omnes. The special character of each of these types of decisions has an impact on the interplay between supranational and national judiciaries. As an example the article illustrates the history of interaction between the supreme courts of Germany and Italy and the Court of Justice of the European Union. The second illustrative example is the interplay between the Constitutional Court of Russia and the court of the Eurasian Economic Community, and later, with the one of the Eurasian Economic Union. The author also suggests possible ways to minimize conflicts between supranational and national judiciaries firstly through mutual respect and cooperation.
About the author: Tatyana Neshataeva – Judge of the Court of the Eurasian Economic Union, Doctor of Legal Sciences, Professor of Law, Head of International Law Department, Russian State University of Justice, Honored Lawyer of the Russian Federation.
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