The Court of the Eurasian Economic Union: Not Just for Government- to-Government Dispute Settlement

P. 90–104.

Entin K., Diyachenko E.

Continuing the discussion of the first part on current Eurasian integration, in their chapter "The Court of the Eurasian Economic Union: Not Just for Government- to-Government Dispute Settlement" Ekaterina Diyachenko and Kirill Entin posit that, since its establishment in 2015, the EAEU Court has mainly been seen as a mechanism for resolving trade disputes between governments or for interpreting EAEU law in abstracto via its advisory opinions. As a result, the EAEU Court's potential has been largely underutilized by economic entities despite a liberal locus standi and the possibility to challenge the validity of both individual acts (for instance, in the field of EAEU competition law) and regulatory acts of general application adopted by the Eurasian Economic Commission (EEC), including antidumping measures or even technical regulations.

The present chapter aims to discuss how the EAEU Court may help private actors protect their rights and legitimate interests under EAEU law. It examines the different types of actions available to economic entities, the admissibility criteria and the consequences of the Court’s judgements. As the analysis of the EAEU Court’s case-law shows, the action for failure to act is of particular importance as it may be used by private entities as an indirect mechanism to make Member States comply with their obligations under EAEU law.

Finally, the authors also address the issue of the sources of law that private actors could rely upon, including the ambiguous status of the WTO law in the EAEU legal order.

Keywords: Eurasian integration, Court of the Eurasian Economic Union, EAEU law, Court of Justice of the European Union

In book

The Law and Policy of New Eurasian Regionalization. Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space

Aseeva A., Górski J. Boston: Brill, 2021.