The Role of the Constitutional Court of the Russian Federation in the Enforcement of the European Court of Human Rights (ECHR) Decisions by Russia
The Role of the Constitutional Court of the Russian Federation in the Enforcement of the European Court of Human Rights (ECHR) Decisions by Russia
Author(s): Maciej MorycSubject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: European Court of Human Rights; Council of Europe; Russian Federation; constitutional court; Russian Constitutional Court; human rights in Russia;
Summary/Abstract: The article describes accumulation of the conflict between the Russian Federation and the European Court of Human Rights. This process resulted in final implementation by the Russian Federation legal institutions, which legally allow not to implement ECHR’s judgements, alleging them in contradiction of the Russian Constitution. The main role in this process started to perform Russian Constitutional Court (CC). CC, requested by the executive body, may decide that ECHR’s judgment contradicts the Russian Constitution, which would result in lack of possibilities to execute such judgment. This kind of legal regulation is unprecedented among the legal systems of the Council of Europe member states, and poses a serious violation of international treaties, signed by the Russian Federation.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 65/2018
- Issue No: 1
- Page Range: 115-126
- Page Count: 12
- Language: English
