Constitutional Order of Belarus and Its Adaptability to the Eurasian Economic Union: A ‘Living Constitution’ Workaround

Abstract

It is argued that Belarusian legal order is not entirely compatible with the EAEU legal framework. Such compatibility is relevant for the full effect of EAEU law. In order to ensure its effectiveness, it would certainly help to change certain national constitutional norms as well as interpret the EAEU Treaty with doctrines to effectuate the Union law in the Belarusian legal order. The main problematic provision is, according to one interpretation, the ability of the Constitutional Court to check the compatibility of decisions of the Commission with national laws and decrees. As long as changing constitutional norms does not seem to be easy, and the one in hand requires a referendum, we propose a different, albeit temporary, interpretation based on the ‘living document’ doctrine and using the concept of supranationality. The ‘living constitution’ reading of this provision suggests that supranational institutions fall outside the Constitutional Court’s right to check compatibility of decisions of the Commission with national laws and decrees, while leaving its right to rule on the constitutionality of such decisions. This solution makes the Belarusian legal order fully compatible with the current EAEU law and allows it to function and develop more effectively.

Keywords: Eurasian Economic Union, Eurasian integration, Belarusian Studies, Living Constitution

JEL Classification: F13, K33