The Point of View of the Russian Constitutional Court on the Relationship Between the ECHR and the Domestic System
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Abstract
On 19 April 2016, the Constitutional Court of the Russian Federation issued a decision testing newly acquired powers to refuse the implementation of the rulings of an international tribunal contradicting the Russian Constitution. The judgment emphasizes the conflict between the need of a State to safeguard its 'constitutional identity' and its obligation to comply with the provisions of the ECHR as interpreted by the ECtHR. This paper analyses the legal arguments used by the Russian Constitutional Court to justify an alternative method of implementing the ECtHR judgment which it held inconsistent with the Russian Constitution.
Keywords
- European Court of Human Rights
- Russian Constitutional Court
- Evolutive Interpretation of the ECHR
- European Consensus
- Constitutional Identity
- Deprivation of Liberty
