2019•International Organisations Research JournalOpen access

Legal Integration in the European Union and the Eurasian Economic Union: Comparative Analysis

Oxana Pimenova

Open full text 12 citations

Abstract

The author studies the communitarian and conventional models of legal integration used in the European Union (EU) and the Eurasian Economic Union (EAEU), respectively.The purpose of this comparative legal analysis is to determine unique features reflecting differences between these models.Particular focus is on the examination of legal acts of public bodies of the EU and the EAEU -their legal nature, place, role and the characteristics of their implementation in the national legal systems of their members.The author also analyses how the Court of the European Union and the Court of the Eurasian Economic Union control the enforcement of legislation of the EU and the EAEU, primarily in those cases where the courts assess justifications provided by supranational public bodies of these unions when they pass legal acts creating rights and obligations directly for citizens of the EU and economic entities of the EAEU.The article offers a rationale for the concept stating that the absolute priority of integration law over national legislation and the binding power of decisions of a supranational court for all participants of integration relations are the key milestones of supranational legal integration; when these milestones are achieved, it is possible to open borders not only for economic cooperation, but also for other forms of collaboration not linked tightly to the general processes of transnationalization of the economies.

Open-access reader

About this research paper

What this paper is about

The author studies the communitarian and conventional models of legal integration used in the European Union (EU) and the Eurasian Economic Union (EAEU), respectively.The purpose of this comparative legal analysis is to determine unique features reflecting differences between these models.Particular focus is on the examination of legal acts of public bodies of the EU and the EAEU -their legal nature, place, role and the characteristics of their implementation in the national legal systems of their members.The author also analyses how the Court of the European Union and the Court of the Eurasian Economic Union control the enforcement of legislation of the EU and the EAEU, primarily in those cases where the courts assess justifications provided by supranational public bodies of these unions when they pass legal acts creating rights and obligations directly for citizens of the EU and economic entities of the EAEU.The article offers a rationale for the concept stating that the absolute priority of integration law over national legislation and the binding power of decisions of a supranational court for all participants of integration relations are the key milestones of supranational legal integration; when these milestones are achieved, it is possible to open borders not only for economic cooperation, but also for other forms of collaboration not linked tightly to the general processes of transnationalization of the economies.

Why it matters

OpenAlex reports 12 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

The author studies the communitarian and conventional models of legal integration used in the European Union (EU) and the Eurasian Economic Union (EAEU), respectively.The purpose of this comparative legal analysis is to determine unique features reflecting differences between these models.Particular focus is on the examination of legal acts of public bodies of the EU and the EAEU -their legal nature, place, role and the characteristics of their implementation in the national legal systems of their members.The author also analyses how the Court of the European Union and the Court of the Eurasian Economic Union control the enforcement of legislation of the EU and the EAEU, primarily in those cases where the courts assess justifications provided by supranational public bodies of these unions when they pass legal acts creating rights and obligations directly for citizens of the EU and economic entities of the EAEU.The article offers a rationale for the concept stating that the absolute priority of integration law over national legislation and the binding power of decisions of a supranational court for all participants of integration relations are the key milestones of supranational legal integration; when these milestones are achieved, it is possible to open borders not only for economic cooperation, but also for other forms of collaboration not linked tightly to the general processes of transnationalization of the economies.

Key concepts: European union, Economic union, International trade, Political science, European integration, Customs union, Economic integration, Economics

Related papers

Back to paper searchBrowse research topicsOriginal source
Legal Integration in the European Union and the Eurasian Economic Union: Comparative Analysis — Research Paper | ScholarLens