Legal Regulation of the EEC’s Executive and Administrative Powers: Implementation Issues and EU Experience

Abstract

This study is devoted to the examination of the executive and administrative powers of the Eurasian Economic Commission, the procedure for their exercise, their scope, and their impact on the development of integration processes within the Eurasian Economic Union. Aim. To identify the essential characteristics of the executive and administrative function of the Eurasian Economic Commission, the problems of its implementation, and to determine possible ways of addressing these problems for their use in the activities of the Eurasian Economic Commission, taking into account the relevant experience of the European Commission. Tasks. To examine the specific features and essence of the executive and administrative function of the Eurasian Economic Commission, as well as the system of analogous powers of the European Commission. To analyse the founding treaties of the Eurasian Economic Union and the European Union, other international treaties of these integration associations, and the relevant law-enforcement practice. Methods. The research employed general scientific methods of cognition — analysis, synthesis, induction, and deduction. The study also used special legal methods, including the formal legal method, the technical legal method, the method of legal analogy, and the comparative legal method. Results. The study establishes that executive and administrative powers occupy an important place in the practice of the Eurasian Economic Commission. At the same time, a number of problems arise in the course of their exercise, which can be resolved through the implementation of the measures proposed by the author, based, inter alia, on the positive experience of the European Commission in exercising the executive and administrative function. In particular, the study identifies problems relating to the delimitation of executive acts from other legal acts of the Eurasian Economic Commission; the determination of the normative nature of a decision or order of the Eurasian Economic Commission; the procedure for the preparation by the board of the Eurasian Economic Commission of draft legal acts of all political bodies of the Union, and others. Conclusions. The identification of the problems revealed in the article in the sphere of the exercise by the Eurasian Economic Commission of executive and administrative powers substantiates the expediency of introducing amendments to the Treaty on the Eurasian Economic Union and other acts constituting the law of the Eurasian Economic Union, as well as the adoption of new acts regulating issues that have not yet been governed by the law of the Eurasian Economic Union.