JUDGEMENTS, RESOLUTIONS, OPINIONS (СONCLUSIONS) OF THE EAEU COURT AND THE EU COURT: similar and distinctive features
Keywords:
judgment, decision, conclusion, resolution, justice, judicial act, treaty, statute, personal opinion, judge, impeachment, attorney, exequatur, convention, integrationAbstract
In this paper we present analytical studies of the decisions, resolutions, conclusions, adopted by the Court of the Eurasian Economic Union (EAEU) and the Court of justice of the European Union (EU) on the basis of comparative legal analysis. Similar features in the judgements of both Courts were manifested in the fact that the interested member States, legal entities and individuals of both integration associations have the right to file applications and claims for noncompliance of the decisions of the integration institutions with the constituent agreements of both associations; that both Courts, at the request of the parties, are authorized to explain the essence of their judgements; and that both international courts seek to bring to the attention of the General public the texts of their judgements by posting them in their Bulletins. The distinctive features of the judgements of both regional international justice bodies can be seen in the fact that the decision of the EAEU Court is binding on those entities to which it relates directly, and the judgement of the EU Court is binding not only for the participants in the case, but also for all EU States and other entities in similar cases in the future; in the fact that the EU Court takes judgements on a fairly large range of issues, in particular, judgements on the recognition of incorrect decisions of the institutions and officials of the Union as void, judgements on the removal of high officials by impeachment, while the EAEU Court takes judgements within the narrowly granted competence. The distinctive elements in the judgments and opinions issued by the court of the EAEU and the Court of the EU are considered. The proposals to improve the activities of the EAEU Court on the issuance of decisions and other judicial acts are formulated in the whole article.