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Representation in the Court of the Eurasian Union

15 ноября 2019
783
Nadmitov, Ivanov and Partners provides representation in the Court of the Eurasian Union.

 The Court of the Eurasian Union (EAEU) is a permanent judicial body of the EAEU, established in accordance with the Treaty on the EAEU, resolving disputes between the member states of the Union and performing advisory functions. The EAEU Court ensures the uniform application of the EAEU regulations. Has been in operation since January 1, 2015.

The EAEU court consists of 10 judges, 2 from each member state of the Union. The Supreme Eurasian Economic Council appoints judges for 9 years. The judges are top-notch lawyers and professionals of high moral character.

Principles of administration of justice: independence of judges, publicity and transparency of proceedings, adversarial nature, collegiality, equality of parties.

Structure of the Court: The President of the Court is in charge of the entire Court, elected by the Supreme Council for a term of 3 years. The apparatus of the Court ensures its activities, consists of the Secretariat of the Court and the secretariats of judges.

The right of the state to apply to the Court: with the question of the compliance of an international treaty concluded by the EAEU member states with the EAEU Treaty, on challenging the actions of the EEC and the compliance of its decisions with international treaties and the EAEU Treaty, on the compliance of the member state with the measures established by international treaties concluded in within the EAEU.

The right of an economic entity to apply to the Court: with the question of the compliance of the EEC decision with international treaties, on challenging the EEC's actions.

A prerequisite for going to the Court: the plaintiff's preliminary appeal to the defendant to resolve the issue out of court through consultations, negotiations.

Known cases: Over the 5 years of its operation, the Court has considered only 15 cases, and of them only one case was submitted by a Member State. In 2016, Russia applied to the Court with a statement on Belarus' non-compliance with international treaties in connection with the activities of the customs authorities of the Republic of Belarus. Russia's demands were met in part.


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