(Опубликовано в журнале «SENTENTIA. European Journal of Humanities and Social Sciences» №3, 2015)

11/11/2015

Global events following the Second World War (elimination of colonialism, collapse of the system of totalitarian socialism, downfall of many dictatorial regimes in Africa and the Near East, changes in post-Soviet space, among others) have cardinally altered the political and legal map of the world. About 130 new states arose, and numerous regional, continental, and intercontinental integration unions were formed, mostly of economic nature. The embryo of their distinct political power and regional law developed in Europe within a special international formation in something similar to a state and a supranational (or supra-state) law of the European Union – a comparatively centralized association of nearly three dozen States of Europe (the prerequisites of the European Union formed over several decades, but juridically the European Union arose in 1992 on the basis of transformation of the European Economic Community. The Eurasian Union – an association of Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia, whose charter entered into force in 2015 in post-Soviet space – may follow along a similar path, having been founded on the basis of the Eurasian Economic Community.

Centralization in the European Union is growing. Tens of thousands (perhaps hundreds of thousands) of decisions and normative acts of the European Union directly determine many aspects of life within the member-states. Even issues of discussing the creation of an own army were discussed during 2015 in the European Union, and certain member-states put forth proposals for the creation of a Government of the European Union. On the opposite end of the table, there is resistance to this from some of the European countries. In recent years some of them have declared their sovereignty louder than ever before, and their constitutional courts require that acts of the European Union correspond to the constitutions of the member-countries (Spain, Italy, France, and others).

A special form of comparatively centralized international state-like public law formations so far have been formed only in the European Union. It is generally acknowledged that supranational law also exists (it is not finished, and does not extend to all branches of law, and cannot be finished so long as the European Union is not transformed into a single state); in other regional organizations there are merely elements or embryos (to be sure, they note that in the European Union there exists a special normative system distinct from customary law).

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