CONSTITUTIONAL AND LEGAL PROBLEMS OF DELIMITATION OF JURISDICTION BETWEEN THE EAEU COURT AND NATIONAL JUDICIAL BODIES

Serobyan Armen Gagikovich

This article examines the key constitutional and legal problems arising in the process of delimiting jurisdiction between the Court of the Eurasian Economic Union (EAEU) and national judicial bodies of member states. The fundamental tension between the supranational nature of Union law and the principle of state sovereignty enshrined in national constitutions is analyzed. The author identifies the main points of collision, such as uncertainty in the hierarchy of legal norms, underdevelopment of the preliminary ruling mechanism, and the problem of direct effect of EAEU bodies' acts. The paper substantiates the thesis that the existing model of interaction between judicial systems does not fully ensure either uniform application of EAEU law or protection of the national constitutional legal order. The absence of a developed doctrine of balanced interaction that could resolve jurisdictional conflicts is highlighted as a central problem. The article proposes conceptual approaches to resolving the identified problems, aimed at forming a sustainable and predictable "judicial dialogue" and harmonizing the two legal orders.

Keywords:EAEU Court, national judicial bodies, delimitation of jurisdiction, supranational law, EAEU law, state sovereignty, rule of law, preliminary ruling, constitutional review