Academic journal article Journal of Economics and Economic Education Research

The Supranationality Problem in the Formation of Interstate Associations (the Case of the Eurasian Economic Union)

Academic journal article Journal of Economics and Economic Education Research

The Supranationality Problem in the Formation of Interstate Associations (the Case of the Eurasian Economic Union)

Article excerpt

INTRODUCTION

Institutional system of any interstate association is based on the principles which have been recorded in the founding documents. The Eurasian Economic Union is no exception. Its organizational structure is based on the general principles which are universal and applicable to all activities of the Union. They are codified in the Article 3 of the Treaty on the Eurasian Economic Union as of 2014 (EEU) in the following terms: respect for the universally recognized principles of international law, including the principles of sovereign equality of Member States and their territorial integrity; respect for differences of political structure of the Member States; mutually beneficial cooperation; equality and taking into account the national interests of the Parties; adherence to the principles of market economy and fair competition; functioning of the Customs Union without exceptions and restrictions after the end of the transitional period (http://www.un.org/en/ga/sixth/70/docs/treaty_on_eeu.pdf, 2014).

The activities of such a powerful inter-state association as the European Union is founded on the principles reflected in the founding documents, as well as set out in the reasoning of the General Court of the European Union decisions. Among these principles are: legality, subsidiarity, proportionality, transparency, respect for human rights and fundamental freedoms, equality, environmental focus, collaboration (S.Yu. Kashkin, 2010).

As you can see, a supranational principle is not formulated and is not formally codified in those basic principles of interstate associations. However, the terms "a supranational body," "supranational law" are widely used in legal doctrine. For example, the EU Court of Justice, the EU Commission, EU Parliament, the Court of Auditors are called as the supranational institutions (bodies) in the European Union. Even at the dawn of the European Communities supranational institutional mechanism has been established (Treaty of Paris in 1951) which "continues to be in force to this day, but as a mechanism of political power throughout the European Union" (S.Yu. Kashkin, 2010). It should be noted that "any international treaties, judicial decisions, as well as in any other sources of law does not give a definition of this concept" (Lenaerts K. Van Nuffel P., 1999).

In this context, the purpose of the work is determined by the need to identify the content of the supranationality principle and its features in the formation of interstate associations. This goal is achieved through the analysis of the legislation of relevant intergovernmental organizations.

METHODS

The method of comparative legal analysis of the European Union and the EEU institutional structure allowed revealing a supranational basis in structure of the key bodies of the intergovernmental organizations and highlighting their features.

The use of structured system method of obtaining knowledge has allowed identifying the main features of supranational international organizations.

Formal legal research method was used in determining the content of concepts such as "supra-national", "supranational organizations", "international communication", and others.

DISCUSSIONS

Supranationality as a principle of organization and activity in its various aspects is actively developed in the doctrine of international law. Such constructions as "supra-national organization", "supranational law", and "supranational authority", used to refer to entities vested with powers specific to the goals and objectives of international organizations, and interstate associations are subjected to analysis. It has been suggested that the term "supranationality" can be used to characterize an international organization as a whole, but not for the law of the organization. It is emphasized that the "supranational law by its nature is none other than a part of the international legal system that is just not able at this stage to develop to a certain level of statutory self-regulation" (Shmakov R. …

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