Integrational law and supernational associations
Pustovalov E.V. —
Mechanisms of removing the barriers and limitations impeding functionality of Single Services Market of the EAEU
// International Law.
– 2020. – ¹ 1.
– P. 1 - 9.
DOI: 10.25136/2644-5514.2020.1.31494 URL: https://en. nbpublish.com/library_read_article.php?id=31494
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The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.
barrier, integration association, integration, Eurasian Economic Union, single market, liberalization of market, EAEU, restriction, national treatment, trade in services
Dogovor o Evraziyskom ekonomicheskom soyuze (podpisan v g.Astane 29.05.2014) // SPS «Konsul'tant Plyus».
Pelkmans, J., Contribution to growth: The Single Market for Services. Delivering economic benefits to citizens and businesses, Study for the Committee on the Internal Market and Consumer Protection, Policy Department for Economic, Scientific and Quality of Life Policies, European Parliament, Luxembourg, 2018.
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. URL: https://eur-lex.europa.eu/eli/dir/2005/36/oj (data obrashcheniya 19.11.2019).
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market. URL: https://eur-lex.europa.eu/eli/dir/2006/123/oj (data obrashcheniya 19.11.2019).
A singular opportunity: Europe’s best hope of economic revival lies in reanimating its single market // The Economist. 2019. 14 Sept. P. 16.
COMMISSION STAFF WORKING DOCUMENT
Question at hand
Vladykina A. —
The principle of subsidiarity in jurisdiction of courts of subregional economic organizations in Africa on human rights
// International Law.
– 2020. – ¹ 1.
– P. 10 - 28.
DOI: 10.25136/2644-5514.2020.1.31123 URL: https://en. nbpublish.com/library_read_article.php?id=31123
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This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.
subregional economic communities, human rights, East African Community, ECOWAS, exhaustion ofdomestic remedies, subsidiarity, SADC, margin of appreciation, Africa, regional protection
Andreas von Staden, ‘Subsidiarity in Regional Integration Regimes in Latin America and Africa’, Law & Contemporary Problems 79, no. 2 (2016): 27–52.
Treaty on European Union (TEU), Article 5 (3), 2010 O.J. (C 83) 18 (30 March 2010)
Dominic McGoldrick, ‘A Defence of the Margin of Appreciation and an Argument for Its Application by the Human Rights Committee’, International & Comparative Law Quarterly 65 (2016): 21–60;
Legg, The Margin of Appreciation in International Human Rights Law, 1.
Andreas Føllesdal, ‘Subsidiarity and International Human Rights Courts: Respecting SelfGovernance and Protecting Human Rights – or Neither?’, Law & Contemporary Problems 79, no. 2 (2016): 148.
Philipp Kiiver, The Early Warning System for the Principle of Subsidiarity: Constitutional Theory and Empirical Reality (London and New York: Routledge, 2012), Ch. 4.
Cesare Romano, ‘The Rule of Prior Exhaustion of Domestic Remedies: Theory and Practice inInternational Human Rights Procedures’, in International Cou