The supranationality problem in the formation of interstate associations (the case of the eurasian economic union)

Abstract

The formation of the Eurasian Economic Union has given rise to an abundance of opinions regarding various aspects of organization of this new interstate association. The question of the organizational structure of the Eurasian Union, and the basic principles underlying its construction is among the discussed ones. The paper analyzes the concept of "supranational organization". In particular, the different doctrinal approaches to the study of supranational international organizations are given, their basic features are formulated, including reference to legal independence within the framework of its competence and uncontrollability by Member States; the right to make regulations mandatory for execution by Member States; operation of interstate union officials in their personal capacity and not as representatives of Member States; decisions by a majority vote in proportional (weighted) voting; possibility to appeal acts of a supranational authority only in court. The authors also address the problem of application of the supranational principle elements in the construction of the European Union and the EEU administration system. The use of such methods of investigation as a comparative legal, systematic and structural, formal and legal, allowed the author to conclude about the absence of supranational features to the full extent in the EEU bodies and to identify concerns of countries for the loss of their sovereignty as the main reason for this decision.