Statute of the EAEU Сourt: potential ways of modernization

Abstract

After 6 years from the start of the activity of the Court of the Eurasian Economic Union the practical necessity of making some changes and amendments to the Statute and Regulation of the Court seems to be obvious. It’s suggested that all changes and amendments could be divided into two big groups depending on how such amendments will be viewed by the member-states of the Eurasian Economic Union. A first group comprises measures aiming to expand subject matter and personal jurisdiction of the Court whose powers had been significantly and intentionally weakened by the members-states of the EAU from its very establishment. A probability of such amendments looks quite low as it depends on the readiness of the members states to re-evaluate the risks and concerns perceived by them which led to the limited jurisdiction of the Court. A second group consists of procedural and organization changes aiming to remedy omissions and weak places in the day-to day activity of the Court detected during first years such as lack of any time limits or improvement of appellate review. Such measures are not connected with expansion of the jurisdiction of the Court, so their probability seems more optimistic.