EAEU Competition Law: What’s in a Name?
The chapter opens with a brief overview of the provisions of the Treaty on the Eurasian
Economic Union (EAEU) establishing the general principles and rules of competition. It
further presents a detailed analysis of the main features and characteristics of the EAEU
competition law. Among the issues discussed in this article is the direct effect and direct
applicability of the general rules of competition, the relation between EAEU and national
competition law provisions as well as the division of competence between the Eurasian
Economic Commission and national competition authorities. The relevant features and
provisions of EAEU competition law, such as the notion of ‘coordination of economic activity’
are analysed through the prism of the EAEU Court’s advisory opinions. The authors also use
a comparative approach drawing parallels and underlining the differences with EU law and
the case law of the Court of Justice of the European Union (CJEU). Finally, the authors also
examine the mechanisms of judicial protection available under EAEU law to economic entities
in the field of competition law.
The article deals with the processes of building the information society and security in the CIS in accordance with modern conditions. The main objective is to review existing mechanisms for the formation of a common information space in the Eurasian region, regarded as one of the essential aspects of international integration. The theoretical significance of the work is to determine the main controls of the regional information infrastructure, improved by the development of communication features in a rapid process.The practical component consists in determining the future policies of the region under consideration in building the information society. The study authors used historical-descriptive approach and factual analysis of events having to do with drawing the contours of today's global information society in the regional refraction.
The main result is the fact that the development of information and communication technologies, and network resources leads to increased threats of destabilization of the socio-political situation in view of the emergence of multiple centers that generate the ideological and psychological background. Keeping focused information policy can not be conceived without the collective participation of States in the first place, members of the group leaders of integration - Russia, Belarus and Kazakhstan. Currently, only produced a comprehensive approach to security in the information field in the Eurasian region, but the events in the world, largely thanks to modern technology, make the search for an exit strategy with a much higher speed. The article contributes to the science of international relations, engaging in interdisciplinary thinking that is associated with a transition period in the development of society. A study of current conditions in their relation to the current socio-political patterns of the authors leads to conclusions about the need for cooperation with the network centers of power in the modern information environment, the formation of alternative models of networking, especially in innovation and scientific and technical areas of information policy, and expanding the integration of the field in this region on the information content.
This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad.
The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners.
The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia.
The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
The paper examines the theoretical framework for the analysis of contemporary processes of international integration. Thet author applies methodological apparatus of different theories to the analysis of the process of regional integration. This research allows to get closer to understanding the possibility of forming a political union in the Eurasian region.
The rapid development of technology leads to the deepening of globalization processes, in particular the extensive growth of e-commerce, which is becoming increasingly international in nature. The Internet provides the opportunity to remotely purchase items, not represented in the local market, which leads to the development of cross-border retail trade. From a legal point of view, one of the main problems of this phenomenon is to protect consumers’ rights in cross-border aspect. Private international law provides consumers with protection of three types: procedural, conflict of laws and substantive. Of paramount importance is the question of the international jurisdiction: the court of which country is competent to settle disputes arising from cross-border consumer contract? The special status of the consumer as an economically weaker party does not allow being limited to the general rules of jurisdiction. EU law, as the legislations of many countries in other regions of the world, contains specific procedural conflict rules that are based on certain principles establish the jurisdiction of the court of a State to hear disputes from consumer contracts. In Russia, such a regulation is missing. Thus, the Russian system of consumer protection in cross-border aspect is deprived of an essential element. For the purpose of making recommendations on improving Russian private international law, the paper discusses the content of particular articles of the Regulations of Brussels I — a fundamental act of the EU in the field of the regulation of international jurisdiction, as well as doctrinal positions of foreign scientists. The article concludes on the need to limit the autonomy of the parties in determining the jurisdiction of disputes involving contracts with consumers. The basis of the solution of procedural conflict question may be, as well as in European law, the criterion for targeted activities that solves a number of issues. At the same time, this criterion gives rise to new theoretical and practical problems that have not yet had any solution in the doctrine and legislation — the definition of directed activity per se, as well as the scope of business or professional activities that we need to know to determine the status of the consumer.
The recent crisis in Ukraine cast a spotlight on those countries located between Russia and the EU, a region that had long existed beneath the radar of international politics. Indeed, even its name remains indeterminate: the term 'post-Soviet' is too encompassing (it could also designate Estonia or Tajikistan) while the notion of 'Eastern Europe' has long lost any geographical anchor. Instead, this space is often named after regional powers’ attempts to shape it: as the EU’s 'Eastern Neighbourhood' or as Russia’s 'Near Abroad'. The new region-building endeavour pursued by Russia through Eurasian integration frameworks is a crucial development in this regard.
On the 29 of May 2014, Russia, Belarus and Kazakhstan signed the Treaty establishing the Eurasian Economic Union (EEU), which extends the provisions of the existing Eurasian Customs Union (ECU) and comes into being in 2015. This integration regime has been lauded by Russian President Vladimir Putin as a new, better version of the European Union, and castigated by US Secretary of State Hilary Clinton as a new form of the Soviet Union. This report shows that it is neither. The EEU is a modern and far-reaching attempt at economic integration, but one that is weakened by internal and conceptual contradictions. What was designed as a geo-economic framework is increasingly becoming a geopolitical issue. In attempting to counter the influence of the EU’s alternative integration regime (the Eastern Partnership), Russia has shifted its diplomacy from persuasion to coercion, and Moscow is increasingly resorting to using the EEU as a foreign policy tool. The countries of the entredeux – literally, something placed between two things – are being forced to face to a geopolitical choice they had been trying to avoid, or at least to defuse. Divisive domestic politics, separatism, structural dependencies and the economic and political calculations of internal actors are key factors mediating and complicating their choice. This report focuses on these issues that are too often overlooked in the debate on Russia-EU regional competition.