ASHOT POGHOSYAN

Lawyer, PhD candidate at the University of Bonn

(Rheinische Friedrich-Wilhelms-Universität Bonn)

DOI: https://doi.org/10.59546/18290744-2025.10-12-31

Annotation.

The direct application of the technical regulations of the Eurasian Economic Union (EAEU) in the legal system of the Republic of Armenia (RA) creates complex issues, the resolution of which first requires a clear distinction between international treaties and acts adopted by supranational or international bodies/organizations. Any international treaty related to the areas specified in Article 116 of the RA Constitution must be ratified by the National Assembly of the RA through the adoption of a law, which cannot be said about the technical regulations of the EAEU, as they do not constitute an international treaty.

The legal position of the RA Court of Cassation and administrative courts regarding international treaties and the EAEU technical regulations grossly violates the RA Constitution and undermines the foundations of the RA’s sovereignty, democracy, and the rule of law, as it results in a legal act (technical regulation) within the RA legal system that is beyond judicial oversight.

The issue must be resolved either by verifying the constitutionality of technical regulations at the national level or by enhancing the effectiveness of judicial protection at the EAEU level, while reserving the final say for the RA Constitutional Court.

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