MOSCOW, December 1. The state Duma adopted in the first reading the bill allowing the Constitutional court (CC) of the Russian Federation to recognize the enforceability of decisions of international courts, primarily the European court of human rights (ECHR), in case of their contradiction with the Russian Constitution. The authors of the initiative were made by the representatives of all parliamentary factions led by Chairman of the house Committee on constitutional legislation and state construction Vladimir Mr Pligin, and Senator Andrey Klishas.
As stated in the explanatory note to the bill, amendments to the Federal constitutional law on the constitutional court of the Russian Federation pursuant to decision of the constitutional court. Them provides that “on request of the Federal Executive authorities vested with competence to protect the interests of the Russian Federation during the consideration in inter-state body for the protection of the rights and freedoms of the individual complaints lodged against the Russian Federation under the international Treaty, the constitutional court of the Russian Federation solves a question on possibility of execution of the decision of interstate body on protection of the rights and freedoms of man”. In particular, the competence for such applications, the COP assigned to the President of the Russian Federation and the government of the Russian Federation, previously explained Pligin.
© ITAR-TASS/Vadim Zhernov
The role of international law in Russian legislation. Dossier
In case if the constitutional court adopts a decision about impossibility of execution of the decision of interstate body on protection of the rights and freedoms of persons, any act (acts), directed on execution of its corresponding solution in Russia, cannot take place (be taken).
As stated Pligin, introducing the draft law, “the Constitution of the Russian Federation has Supreme legal force and, thus, it has undoubted priority”. “No one will cancel it,” he said. The head of the Committee added that the draft law does not cause any damage to “the investment activity or the protection of common property rights” in Russia. “The cases of possible treatment failure or to assess the constitutional court will undoubtedly be wearing singular character,” he said. Pligin also pointed out that the concept of the bill is not in line with international practice and similar precedents already exist in Europe, particularly in Germany and the UK.
In mid-July, the constitutional court held that the decisions of the ECHR can be enforced in Russia only if they do not contradict the basic law of the country. In the decision, the COP noted that in most cases, conflicts between the Russian Constitution and the Convention on human rights does not arise. However, if a conflict arises and the ECHR will give an interpretation contradicting the Constitution of the Russian Federation, Russia will be forced to abandon a literal enforcement of the decision of the ECHR. The court also pointed out that the legislator is entitled to establish special legal mechanism of ensuring the supremacy of the Constitution in such cases.
The COP has made this decision after review of the request group of deputies of the state Duma on which part of the judgment of the ECHR might be applicable in the territory of the Russian Federation, if they concern constitutional norms and decisions of the constitutional court.
© Stanislav Krasilnikov/TASS
The state Duma Committee supported the bill authorizing the COP to accept the decisions of the ECtHR