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Regular version of the site

Article

Обзор практики Суда Евразийского экономического союза в 2017-2018 годах

Закон. 2019. № 3. С. 98-119.
Дьяченко Е. Б., Энтин К. В.

The article contains an analysis of the main legal findings of the EAEU Court in 2017–2018. The case-law of the EAEU Court is analysed examined from several perspectivesangles: its influence on the application of EAEU law in the Union and the Member-States and from a comparative perspective taking EU law and the case-law of the CJEU as a point of reference. The Court’s judgments and advisory opinions addressed various issues pertaining to competition law, customs regulation, free movement of goods and workers, labour relations with the EAEU bodies’ employees and officials. Most notably, the Court has formulated the essential properties characteristics of EAEU law and provided a definition for the types of policies implemented by the Union. The establishment by the Court of the properties characteristics of EAEU law — such as primacy, direct effect and direct applicability — constitutes, according to the authors, a necessary precondition for its effective development and application, and paves the way for its use to protect the individuals’ rights and legitimate interests in the national legal systems.The article contains an analysis of the main legal findings of the EAEU Court in 2017–2018. The case-law of the EAEU Court is analysed examined from several perspectivesangles: its influence on the application of EAEU law in the Union and the Member-States and from a comparative perspective taking EU law and the case-law of the CJEU as a point of reference. The Court’s judgments and advisory opinions addressed various issues pertaining to competition law, customs regulation, free movement of goods and workers, labour relations with the EAEU bodies’ employees and officials. Most notably, the Court has formulated the essential properties characteristics of EAEU law and provided a definition for the types of policies implemented by the Union. The establishment by the Court of the properties characteristics of EAEU law — such as primacy, direct effect and direct applicability — constitutes, according to the authors, a necessary precondition for its effective development and application, and paves the way for its use to protect the individuals’ rights and legitimate interests in the national legal systems.