Orazbekova S.A. - KazNPU named after Abai

 

Legal Status of Interparliamentary Assembly

 of Eurasian Economic Community

 

           One of the important organs of Eurasian economic community is the Interparliamentary Assembly (further IPA).  In article 3 of an Agreement about the establishment of Eurasian economic community, Oktober, 10, 2000 (further Astana Agreement) the Integration Committee was immediately called after the Interstate Council and Integration Council [1].

         According to Article 7 of the Astana Agreement IPA is the organ of parliamentary cooperation in the frames of EuEC, considering the problems of national legislation harmonization (unification) of Agreeing Parties and bringing them in accordance with agreements, signed in the frames of EuEC for the purpose of realization the Community objectives. 

       IPA consists of the members of the parliament, sent by the parliament of Agreeing Parties, and in the frames of their authorities:

-         Elaborate the Basis of  legislation in the basic spheres of legislative relations, which are under the International State Council;

-         Admits the typical projects, on the basis of which the acts of national legislation are developed;

-         Can address with recommendations to the International State Council, with inquiries and recommendations to the Integration Committee and parliaments of Agreeing Parties, with the inquiries to the Community Court.

       The problems of IPA activity must be regulated in details in a certain Rule, confirmed by the International State Council of EuEC. Such a Rule of Interparliamentary Assembly was confirmed by the Decision of International State Council of EuEC from May 13, 2001 [2].

       The structure of the document is given in 7 parts:

Part 1 “General rules” (3 points).

Part II  “Aims, objectives and competences of Interparliamentary Assembly” (3 points).

Part III “The structure and order of  Interparliamentary Assembly formation”  (4 points).

Part IV “Organization and order of activity” (4 points).

Part V “Interparliamentary Assembly Bureau” (11 points).

Part VI “Financial and other provision of Interparliamentary Assembly activity” (3 points).

Part VII “Conclusion rules” (3 points).

        This structure gives a visual idea not only of structural elements of a document, but also of a volume of each part.  So, the shortest parts are I-II, VI-VII, which consist of 3 points. The longest parts are IV and V, consisting of 11 points, devoting to the organization and order of IPA activity and the IPA Bureau. The only structural element, consisting of 4 points is part III, devoting to the structure and order of  Interparliamentary Assembly formation.

        Thus, in comparison with the Rule of   International State Council of EuEC and the Rule of Integration Committee of EuEC, the considering Rule of IPA has more strict, precise and better structure.

        In accordance with Part I “General rules” IPA is the organ of parliamentary cooperation in the frames of EuEC and within its competence realizes the activity, directed to the achievement of aims and objectives of Community.  The Assembly is the fullright adherer of  Interparliamentary Committee, acted on the basis of two agreements: Agreement between the Republic of Belarus, Republic of Kazakhstan, Kyrgyzstan  and Russian Federation about the deepening of integration  in economic and humanitarian fields, from March 29, 1996 [3]  and the Agreement about Custom  union and Entire economic space, from February 26, 1999 [4].

According to point 3 of the given part the Assembly  followed not only these agreements and the Rules of IPA in its activity, but also the overall admitted norms and principles of international law.

       Part II of the Rule Aims, objectives and competences of IPA” creates quite clear and logical interconnection between the main elements of the Assembly activity. This is what the Rule of   International State Council of EuAEC and the Rule of Integration Committee of EuAEC lack. So the aims of IPA are the legal functioning of Eurasian economic community, harmonization (unification) of national legislation of Community state – members and bringing it in accordance with the agreements, signed in the frames of EuAEC for the realization of aims and objectives of the Community.

 To basic aims of the Assembly concern:

-         the formation of EuAEC unique legal policy;

-         the coordination of lawcreative activity of national parliaments, providing the realization of  EuAEC aims and objectives;

-         assistance in creating  organization-legal conditions for bringing the legislations of Community state – members in accordance with the agreements, signed in the frames of EuAEC

-         organization of Interparliament cooperation.

In accordance with point 3 part II for the realization of its aims and objectives the Assembly fulfills the following functions:

1)    elaborates and approves the projects of legislation Basis in the basic spheres of legal relations and directs them to Integration Committee for the further consideration of International State Council of EuAEC;

2)    elaborates and admits the typical projects, on the basis of which Community state – countries develop the acts of national legislation;

3)    considers the questions of bringing  the legislations of Community state – members in accordance with agreements, signed in the frames of EuAEC;

4)    works out the recommendations on harmonization of legislations  and offers on synchronization the procedures of legislation acts admissions in the parliaments of Community state – members;

5)    considers the inquiries and recommendations of International State Council and  Integration Committee, information of Integration Committee about the realization of the Community aims and objectives.

6)    Addresses with recommendations International State Council, inquiries and recommendations to Integration Committee, parliaments of EuAEC state – members, with requests -  to the Community Court.

7)    gives recommendations to the parliaments of the Community state-members on the immediate consideration of legislative acts, passing or changing of which is required for the execution of Interstate Council and  Interparliament Assembly solutions and also                                                                                                                                                                                                                                                                                                                                                                                                           the signed international agreements in the frames of Community.

8) revises,  systematizes the information of legal character and provides the exchange of such information between the parliaments of the Community state-members;

9) provides the interaction of parliaments of the Community state-members;

10) carries out the cooperation with international parliamentary and other organizations, signs agreements of cooperation with them. 

11) appoints the judges of Community Court on  Interstate Council presentation;

12) directs to the Interstate Council the annual report about its activity on the legal provision of the Community development.

13) participates in formation and further development of the Community budget.

14) fulfills other functions in accordance with its aims and objectives.

            Taking into account, that Part II of the Rule is “Aims, objectives and IPA competence”, and the content of this part is about aims, objectives and functions, we can conclude that under the competence of IPA the function of this organ is understood. Together with this, taking into account that beside the aims, objectives and competences (functions) of IPA there are also the rights and duties of this organ.

             Part III is devoted to the structure and order of IPA formation. So, IPA is formed from the parliamentarians, delegated by the parliaments of the Community state-members in accordance with their inner regulations and procedures. The authorities of delegated parliamentarians and the time of their actions are determined by national parliaments. In necessary cases delegating the Assembly member’s authorities to the other representative of the national parliament is possible.

           In point 2 of the given part the concrete number of parliament delegation in IPA is determined, which includes:

Republic of Belarus – 16 parliamentarians

Republic of Kazakhstan - 16 parliamentarians

Kyrgyz Republic - 8 parliamentarians

Russian Federation – 42 parliamentarians

Republic of Tajikistan - 8 parliamentarians

Republic of Uzbekistan - 16 parliamentarians

Here it is necessary to remind that the Republic of Uzbekistan in 2006 came out of EuAEC membership and its quote was redistributed between other IPA members in accordance with their position in organization. Each parliamentarian has one vote.

     IPA forms permanent and temporary commissions, which consist of the IPA members.          

      The Assembly chairman and his deputies are elected in the Assembly meeting from the parliament leaders of Community state-members in the order, set by the Assembly Regulation. In the case of IPA chairman’s absence the chairman’s deputy fulfills his functions from the Community state-members, the name of which follows in the order of Russian alphabet after the name of EuAEC state-member, the chairman has been elected from.

       One of the largest parts of the Regulation, having 11 points is the part IV “IPA organization and activity”. IPA meetings are hold once a year and have the rights if not less than a half of IPA parliamentarian-members of each parliament is presented. IPA decisions on questions, relating to its competence, are made by the qualified majority in 2/3 votes of presentees at the meeting of Assembly members, on procedure questions- by the majority of votes.  Decisions made by IPA, announcements, statements, recommendations and offers are directed to the state-members parliaments and to the EuAEC organs.

Parliament delegations of EuAEC state-members inform the Assembly about                         the results of parliament consideration the related typical projects of legislative acts. The working language of IPA is Russian.

       IPA has two working organs – IPA Bureau, which carries out the organization of the IPA activity, and the Secretariat of Interparliament Assembly, which is the acting executive organ not only IPA, but also IPA Bureau. In this part one more IPA organ is mentioned (structural department) – permanent commission. So, to prepare the projects of IPA documents, IPA Bureau permanent commissions can involve the expert-specialties and scientific consultants from EuAEC state-members.

         The terms and order of IPA meetings, IPA bureau formation   permanent and temporary commissions and other IPA organs, the organization of their activity are determined by IPA Regulation, confirmed by Interparliament Assembly.

       The members of Interstate Council, Integration Committee, regular representatives EuAECstate-members, Community Court judges and officials and members of  Integration Committee Secretariat can participate in IPA meetings.

Authorized representatives of states and international organizations, who got the status of EuAEC observers can also participate in IPA meetings and get information about the made decisions.                                                                                                                                                                                                                                                                                           

      Interparliament Assembly for the realization of its aims and objectives has all legal rights, which are carried out by IPA Responsible Secretariat in the name of Interparliament Assembly.

         The next largest part of Regulation – Part V “IPA Bureau”.   IPA Bureau consists of parliamentarians of Community state-members parliament (two from each parliament), which includes the Assembly Chairman and his deputy.

     The Assembly Chairman manages the IPA Bureau, which takes part in Interstate Council and Integration Committee where it introduces the Assembly position on the problems of Community development.

The Assembly Bureau holds it meetings when it is necessary, but not often than twice a year, decisions are made on the basis of consensus, and each parliamentary delegation has one vote. The chairmen of constant Assembly commissions and the IPA Responsible Secretariat participate in the Bureau meetings. IPA Bureau within its competence fulfills the following functions:

1)     summon the Assembly meetings and table a motion at the agenda of its meetings;

2)     introduces a motion of Assembly discussion on  the Assembly chairman’s candidate and his deputies;

3)     coordinates the activity of permanent commissions and other IPA organs;

4)     determines the structure and of IPA Secretariat’s working order in accordance with the number, confirmed by the Interstate Council;

5)     carries out the control of realization the made IPA decisions, and other functions on behalf of Assembly.

         IPA bureau appoints the Responsible secretariat, which manages the IPA Secretariat activity. In its term, the IPA secretariat interacts with the Integration Committee secretariat on the questions of harmonization (rapprochement, unification) the national legislation, the development of legal basis of integration, legal project work, and other questions.

           IPA Secretariat members are equated by their legal status to the members of any other Community organs and in their activity must be guided by the Regulation about the colleagues of EuAEC organs. The representatives of state-members in IPA and the members of IPA Secretariat as the international officials use the privileges and immunities, the size of which was determined by the Convention about the privileges and immunities of EuAEC from may31, 2001.

           Part VI “Financial and other guarantee of IPA activity” consists of only 3 points. So, in accordance with the article 15 of Astana Agreement IPA is financed by the EuAEC budget in the order determined by the Rule of formation and executing the EuAEC budget. Informational, legal, livestock-technical and organizational support of IPA is carried out by IPA Secretariat. 

          The last part VII of the document is devoted to the concluding rules, where it is said, that S.Petersburg (Russian Federation) is the place of Assembly and IPA Secretatiat location, and the terms of Assembly location on the territory of Russia is determined by the separate agreement between the Russian Federation government and EuAEC.

         The last points of the Rule are about the order of bringing into effect (brings into effect after its confirmation by the Interstate Council) and the order of introducing the ammendnemts (are introduced by the EuAEC Interstate Council on IPA proposal).

            In conclusion we note, that in comparison with the Rules of EuAEC Interstate Council and EuAEC Integration Committee, the Rule of IPA has more strict, precise and better structure. In the document under the IPA competence the functions of this organ are understood. Together with this taking into account the fact that beside the aims, objectives and competences (functions) of the IPA there are also rights and duties of this organ, which are necessary to mention them in a separate list.

 

Used sources

1.     Agreement of establishing EUEC, from Oktober 10, 2000 (with amendments from January 25, 2006 and Oktober 6, 2007)// www. evrazes.com

2.     Rule of interparliament Assembly of Eurasian economic community (with amendments from June 23, 2006). Confirmed by the Solutiuon of Interstate Couincil of Eurasian economic community from May 13, 2002 ¹ 52 // www. evrazes.com

3.      Agreement between the Republic of Belarus, Republic of kazakhstab, Kyrgyzstan and Russian Federation about the deepening of integration in economic and humanitarian fields from March 29, 1996 // www. evrazes.com

4.     Agreement on Custom Union and Entire economic space from February 26, 1999// www. evrazes.com