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Court of the Eurasian
Economic Union
About the Court

The Court of the Eurasian Economic Union

In order to strengthen economic relations in the Eurasian space and to ensure balanced development and convergence of their people the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation concluded on May 29, 2014 the Treaty on the Eurasian Economic Union (EAEU). On January 2, 2015 the Treaty of Accession of the Republic of Armenia to the Treaty on the Eurasian Economic Union of May 29, 2014, signed on October 10, 2014, came into force. On August 12, 2015 the Treaty of Accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of May 29, 2014, signed on December 23, 2014, came into force.

The Union started functioning on January 1, 2015.

The EAEU is an international organisation of regional economic integration and has international legal personality. The Union aims to contribute to economic progress through joint actions intended for solving common problems in the economic sphere.

The Member States ensure the free movement of goods, services, capital and labour within the borders of the Union, as well as coordinated, concerted and common policy in the economic sectors determined under the Treaty and international treaties within the Union.

The Union has an institutional structure, which comprises the Supreme Eurasian Economic Council, the Eurasian Intergovernmental Council and two permanent bodies: the Eurasian Economic Commission and the Court of the Eurasian Economic Union.

The Court of the Eurasian Economic Union started operating on January 1, 2015.

The provisions of the Treaty, the Statute of the Court of the Eurasian Economic Union, which is Annex 2 to the Treaty, and the decisions of the Supreme Eurasian Economic Council adopted within the framework of the Treaty form the legal basis for the organisation and functioning of the Court of the Union.

The mission of the Court is to ensure uniform application by the Member States and the bodies of the Union of the Treaty, international treaties within the Union, international treaties of the Union with a third party and decisions of the bodies of the Union. The Court consists of two judges from each Member State of the Union. The judges are appointed by the Supreme Eurasian Economic Council on the proposal of the Member States of the Union. The term of office of a judge is nine years.

All the judges of the Court of the Union have a wide experience of judicial practice, are competent lawyers in various branches of law. In the administration of justice, the judges are equal and have equal status.

When taking up his duties, a judge of the Court takes the following oath at the plenary session of the Court: “I solemnly swear that I will perform my duties honestly and conscientiously, I will be impartial and fair, as the duty of the judge tells me to do”.

The Court carries out the judicial proceedings on the basis of the following principles:

independence of judges;
transparency of proceedings;
publicity;
equality of the parties to the dispute;
adversarial nature of the judicial proceedings;
collegiality.

The Court sits in the Grand Chamber of the Court, the Chamber of the Court and the Appeals Chamber of the Court.

The Grand Chamber of the Court includes all judges of the Court. The Court sits in the Grand Chamber, when an application regarding a dispute is brought by a Member State. At the request of a Member State or a body of the Union the Grand Chamber of the Court provides clarification of provisions of the Treaty, international treaties within the Union and decisions of the bodies of the Union, and, at the request of officials and employees of the bodies of the Union and of the Court, of provisions of the Treaty, international treaties within the Union and decisions of the bodies of the Union, regarding labour relations. The Grand Chamber also considers procedural matters provided for in the Rules of Procedure.

Two Chambers and two Appeals Chambers have been formed in the Court, each of them includes one judge from each Member State. An Appeals Chamber of the Court is composed of judges of the Court from each Member State who have not participated in the proceedings in the Chamber of the Court.

The jurisdiction of the Court is laid down in the Statute of the Court. Applications to resolve a dispute may be submitted to the Court by Member States and economic entities.

A Member State may apply to the Court with an application concerning the compliance of an international treaty within the Union or its particular provisions with the Treaty;

contesting the observance by another Member State (other Member States) of the Treaty, international treaties within the Union and/or decisions of the bodies of the Union, as well as particular provisions of the said international treaties and/or decisions;

concerning the compliance of a decision of the Eurasian Economic Commission or its particular provisions with the Treaty, international treaties within the Union and/or decisions of the bodies of the Union;

challenging actions (failure to act) of the Eurasian Economic Commission.

An economic entity is entitled to contest the compliance of decisions and actions (failure to act) of the Eurasian Economic Commission with the Treaty and/or international treaties within the Union. However, not any decision can be contested before the Court, but only those of them directly affecting the rights and legitimate interests of the economic entity in the area of business and other economic activities, provided the contested decision, action or failure to act entailed a violation of any rights and legitimate interests of the economic entity granted by the Treaty or international treaties within the Union.

A judgment of the Chamber of the Court is the judgment of the Court and enters into force after 15 calendar days from the date of its delivery, if it was not appealed to the Appeals Chamber of the Court.

A judgment of the Appeals Chamber of the Court is the judgment of the Court, enters into force from the date of its delivery, is final and without appeal.

Besides the jurisdiction to resolve disputes, the Court also has the jurisdiction to provide clarification of provisions of the Union law at the request of a Member State or a body of the Union or at the request of employees and officials of the bodies of the Union in case of provisions regarding labour relations.

The Statute of the Court provides for the possibility of extending the jurisdiction of the Court by modifying the treaties forming the Union law.

A mandatory pretrial dispute resolution procedure is prescribed for Member States and economic entities before submitting applications.

In accordance with Paragraph 39 of the Statute of the Court an economic entity is defined as a legal person registered in accordance with the legislation of a Member State or a third State or a natural person registered as an individual entrepreneur in accordance with the legislation of a Member State or a third State. Therefore economic entities registered in the states, which are not members of the Union, also have the right to apply to the Court of the Union.

The judicial procedure before the Court is laid down in the Statute of the Court and in the Rules of Procedure of the Court of the Eurasian Economic Union, approved by the Decision of the Supreme Eurasian Economic Council at the level of Heads of States of December 23, 2014 № 101.

The judicial proceedings are carried out in Russian. An application and all attached documents must be submitted to the Court in Russian or with attachment of their certified translation into Russian.

 

The dispute resolution proceedings comprise two parts: a written part and an oral one.

The written procedure consists of filing an application to the Court, submission of other documents and materials related to the dispute or their certified copies, the report of a specialised group (in case of creation of such a group).

The oral procedure consists of the report of the judge-rapporteur, hearing of persons participating in the dispute, the reports of experts and specialists, as well as the announcement of documents and materials, orders of the Court and judgments of the Court. Within 90 days of the date of receipt of an application, having considered the dispute, the Court delivers a judgment or, in case of a request for clarification – provides an advisory opinion.

The Rules of Procedure of the Court establish a number of mandatory requirements for the application of an economic entity to resolve a dispute, and for an appeal against a judgment of the Chamber of the Court. These requirements are laid down in Articles 9 and 62-63 of the Rules of Procedure of the Court (the text is posted on the main page of this website).

Acts of the Court:

1) after the consideration of a dispute the Court delivers a judgment;
2) in the course of proceedings the Court adopts orders on procedural matters of its functioning;
3) after the consideration of a request for clarification the Court provides an advisory opinion.

After the consideration of disputes initiated by Member States the Court delivers a judgment that shall be obligatory for execution by the parties to the dispute. After the consideration of disputes initiated by economic entities the Court delivers a judgment that shall be obligatory for execution by the Eurasian Economic Commission. This provisions are laid down in Paragraphs 99 and 100 of the Statute of the Court.

The activity of the Court is ensured by the Administration of the Court, that consists of the secretariats of judges and the Secretariat of the Court. The secretariat of a judge consists of a counsellor and a legal assistant to the judge.

Legal, organisational, logistical and other support for Court activities are provided by the Secretariat of the Court, which includes two departments: the Legal Research and Analysis Department and the Department for Financial, Organisational and Personnel Operations.

The Court is actively promoting international cooperation. In order to illuminate the case law of the Court and to develop proposals for improving the legal framework of integration the Court ensures its high representation at various scientific and practical forums, conferences, seminars.