Model of administrative cooperation of competent authorities that ensures functionality of the single market for services of the EAEU

Abstract

The subject of this research is the model of administrative cooperation of competent authorities of the EAEU member-states in the context of isolated sectors of services market with the single market regime. The author explores the functionality of the single market for services, as well as the occurred situation of absence of the single competent authority (supranational body or nongovernmental organization granted with the corresponding competence), which ensures cross-jurisdictional regulation and control within the framework of the single interstate market. Based on the fact that administrative cooperation of the national competent authorities was selected as the instrument for overcoming the indicated problem in the EAEU, the author analyzes the principles and mechanisms of such cooperation, as well as the concepts and draft agreements between the competent authorities. Assessment is conducted on reasonableness of the used (proposed to use) mechanisms. As a result of analysis of legal norms of the EAEU dedicated to the single market for services, it is concluded that these norms of can be applied directly without implementation into the national legislation, which presses the need for interstate regulation and control. At the same time, in the current realities of integration processes, the coordinated administrative-procedural and control-supervisory measures should be realized not via transferring additional competencies to the supranational level, but through administrative cooperation of the competent authorities. The author notes that the existing model of administrative cooperation of competent authorities is currently under development, and due to extended time of coordination of the draft interdepartmental agreements, it is beneficial to conclude the interstate agreement, which would fill the gap of legal regulation in the absence of specific agreements between the competent authorities by the sectors. Examination of the EU experience on creation of information resources for supporting cooperation of the competent authorities allows concluding on the crucial importance of such instrument and the need for the development of its analogues in the EAEU, the normative prerequisites for which are reflected in the Treaty on the Eurasian Economic Union.