On Similarities and Differences of the European Union and Eurasian Economic Union Legal Orders: Is There the ‘Eurasian Economic Union Acquis’?

This contribution is devoted to the study of legal order of the Eurasian Economic Union (EAEU). It is done through the analysis of similarities and differences of the EAEU legal order with those of the European Union (EU). It is argued that the notion ‘EU acquis’ has been extended beyond the EU and has been exported to legal orders of other international organizations. It poses the question whether the notion ‘acquis’ can have the same meaning within the legal order of the EAEU. On the one hand, some institutional similarities between the EAEU and the EU as well as the dynamic nature of the EAEU legal order give us a ground to apply the notion ‘acquis’ with regard to the EAEU in order to describe the political and legal heritage of the integration projects within the post- Soviet area. On the other hand, considerable differences between the EU and the EAEU legal systems (different degrees of supranationality, weak role of the Court of the Eurasian Economic Union, and strictly normative understanding of the definition of the ‘Union Law’ in the EAEU Treaty) bring into question the relevance of the notion of the ‘EAEU acquis’. Analysis of the notion ‘EAEU acquis’ encourages a discussion about the necessity to revisit its narrow scope towards inclusion of fundamental concepts of common values, founding principles like rule of law and non-discrimination and direct effect.