Konstantin L. Chayka
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Elements of constitutional standard control in the activities of the Court of the integration associationMoscow University Bulletin. Series 11. Law. 2021. 1. p.21-40read more297
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Standard control is one of the key focus areas of the judicial authority, both domestic and supranational. In spite of the existence of common features, the standard control of the Courts of integration associations has a number of features, which are the subject of study within the framework of this article. Operating analysis of a supranational judicial authority of compliance check with higher-level norms of legal position enshrined in acts lower in the hierarchy is carried out on the basis of the establishment of the features of constitutional standard control, research of the effects of the nullification of relevant acts, the relationship between the resolution of a case in constitutional proceedings and its consideration in ordinary types of proceedings. The formulation of approaches to the standard control activities of the EAEU Court, the identification of the presence or absence of characteristics inherent in constitutional regulatory control, is preceded by an understanding of the general theoretical definitions of these legal categories. The author sees the similarity of the activities of the EAEU Court with constitutional standard control in that the basis of the Court’s verification of acts of EAEU law is always the question of their compliance with the EAEU Agreement as a certain standard, which is dependent on the legality of other legal standards. An important part in this aspect is played by the desire of the EAEU Court to ensure the protection of fundamental human rights and freedoms within the framework of the integration association.
Keywords: EAEU Court; EU Court; integration association; judicial review; constitutional standard control; protection of human rights and basic freedoms
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