Case law of the EAEU Court on the functioning of the internal market

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Author: Kirill Entin

DOI: 10.21128/2226-2059-2024-1-24-40

Keywords: Eurasian Economic Union Court; Court of Justice of the European Union; internal market; free movement of goods; free movement of workers

Abstract

The article analyzes the Eurasian Economic Union Court’s case law on the functioning of the Union’s internal market. It focuses on the Court’s advisory opinions of October 30, 2017, on the free movement of goods and of December 7, 2018, on professional athletes. In the first one the Court gave a positive answer to the question of whether Member States can introduce unilateral restrictions on the free movement of goods and fixed clear limits to the States’ discretion to do this. In the second one it defined the concept of “restriction” as applied to the field of labor migration and expressed its opinion regarding the possibility of exempting certain regulatory fields from the application of EAEU law on the unitary internal market. Based on an analysis of these two advisory opinions, the author concludes that the EAEU Court has de facto elaborated an algorithm for analyzing the conformity of certain State measures with Treaty provisions on free movement and describes the components of this analysis. The article also pays attention to a series of cases that deal with the internal market in an indirect manner. In the Kaliningrad transit case, the Court addressed the issue of a link between the actions of customs authorities and the exercise of the right to the free movement of goods. In a case on the declaration of cash, the Court tried to distinguish between situations that fall under Treaty provisions on the free movement of goods from those that do not. Because the EAEU Court frequently has recourse to case law of the Court of Justice of the European Union while drafting its judgments and advisory opinions, the author also analyses relevant CJEU and EAEU Court case law, noting a high number of similar features and decisions as well as some important differences. The latter are essentially due to the more cautious approach of the EAEU Court towards interpretation of EAEU Treaty provisions.

About the author: Kirill Entin – Candidate of Sciences (Ph.D.) in Law, Deputy Registrar – Head of the Legal Research and Analysis Department, Minsk, Belarus; Research Fellow of the Centre for Comprehensive European and International Studies, Higher School of Economics, Moscow, Russia.

Citation: Entin K. (2024) Praktika Suda EAES po voprosam funktsionirovaniya vnutrennego rynka [Case law of the EAEU Court on the functioning of the internal market]. Mezhdunarodnoe pravosudie, vol. 14, no. 1, pp. 24–40. (In Russian).