Protection of EAEU internal market in situation of external restrictive measures

Abstract

The execution by EAEU private and public entities of extraterritorial unilateral restrictive measures taken by third countries against other countries of the Union very often gives rise to a conflict between the execution of foreign sanctions and the obligations arising from membership in the integration organisation. In this situation, a scientific and practical problem arises related to determining to what extent the actions of member states and private entities to restrict trade in goods and services with economic entities of other EAEU member states are compatible with the law of the EAEU, if such restrictions are result of introduction the unilateral extraterritorial sanctions by third countries. This problem became the subject of legal proceedings by the EAEU court within the framework of the advisory procedure. The court came to the conclusion that it is inadmissible to worsen the conditions of trade in services, including air transport services, compared to the regime in force on the date of entry into force of the Treaty on the EAEU. However, the judicial act does not contain any conclusions regarding the legality of the introduction of flight restrictions imposed by one member state against an airline from another member state. The author believes that in most cases, restrictions on trade in goods and services caused by the implementation of foreign sanctions are incompatible with Union law, both when they are introduced by Member States and by private entities. Since in the first case, the principles of the internal market are violated, and in the second case there is violation of general rules of competition.

References

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