Суд ЕАЭС о защите конкуренции. Соотношение национального и наднационального права
Introduction: the article deals with judicial rulemaking of international judicial institutions. Materials and Methods: the authors made a theoretical and empirical analysis of the main sources of international and European law, the court practice of international judicial institutions, the works of domestic and foreign scholars, analytical documents of international organizations. Results: the article proves that judicial rule- making is well-established international practice which in some cases is especially needed. Judicial rule-making is perceived by the doc- trine as a natural, necessary and legitimate legal phenomenon. In practice two forms of judicial rule-making have developed - judicial rule- making may involve interpretation of both the content of a rule of law and procedural aspects. However, international judicial institutions should strive to refrain from judicial activism and judicial rule-making. It must be borne in mind that the activities of international courts must rely on the support of national courts and the expert community. Discussion and Conclusions: according to the currently prevailing views, which made a decisive impact on the evolution of theory of state and law, judicial rule-making is inseparable from the daily implementation of judicial functions. Both the society and the legislator are in urgent need for it regardless of whether they admit it or not or even act against it. It is necessary in all cases where the legislator does not keep up with the progress of the changes caused by the rapid evolution of society and new opportunities of scientific and technological progress. It is often beneficial for the legislator that the courts should have tested various approaches and have developed a well-established practice, and the application of this practice should have suggested the most rational decisions. Judicial rulemaking developed especially widely in the judiciary of international/regional integration associations and within the framework of international mechanisms with elements of supranational coercion, first of all, in the practice of the Court of Justice of the European Union and the European court of human rights. The whole system of EU law has gained the most features and basic characteristics associated with it thanks to the Luxembourg Court. These features and characteristics include positioning EU law as a system of law that differs from international and domestic law, the supremacy and direct effect, the effective jurisdictional protection, strict compliance with the requirements of subsidiarity and proportionality, etc. In turn the Strasbourg Court has done a lot in order to turn positive and procedural rules of the European Convention on human rights into “a living and developing organism.” However, periods of judicial activism have always been nothing more than a reaction to a request by the states or the need for solving tasks. The last word always belongs to major players who has always been society and legislators. When it is necessary they easily impose certain limitations on judicial rulemaking. It has already been made in respect of the Court of the Eurasian Economic Union in the legal order. However, the Minsk Court faces difficult tasks concerning the application of the EAEU law and on its formation. There- fore, it is important that the Minsk Court should determine as quickly as possible the precedential nature of its decisions, the possibility of using other sources of law, along with the EAEU Treaty and its secondary law, and how to tie up the national legal system of the member states in a common legal space.
Twenty years of CIS integration advance; historical & political background of Eurasian integration institutions: EurAsian Economic Community - Eurasian Economic Union (EAEU); two years of EAEU activity: achievements & losses
The obligation of the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms has become one of the most significant changes brought about by the Lisbon Treaty. Despite the fact that the accession negotiations between the EU and the Council of Europe are still going on, there is little doubt that they will be successful in the near future. The present article is dedicated to the analysis of the legal and political effects of the EU accession to the ECHR. In the first part of the article the author addresses the difficulties that the EU had to overcome in order to launch the negotiation process. The goals and objectives of the accession together with the probability of their attainment are examined in the second part. Finally, in the third part the author analyses the implications of some ECHR judgments for the functioning of the EU institutions and their impact upon the development of the EU law. The author is convinced that the ECHR judgment in the Menarini case will force the ECJ to substantially modify its approach to EU Competition law cases.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/