Senator: the practice of non-implementation of the ECHR exists in several countries

Senator: the practice of non-implementation of the ECHR exists in several countries


A departure from the ECtHR judgments in practice, and several European countries, though in exceptional cases and when there is a sufficiently compelling reason, said the Chairman of the constitutional Committee of the Federation Council Andrey Klishas.

MOSCOW, Dec 15. The practice of non-compliance of the decisions of the European court of human rights (ECHR) in that case, if they conflict with national constitutions, exists in a number of European countries, told journalists the Chairman of the constitutional Committee of the Federation Council Andrey Klishas.

“The derogation from the ECHR rulings… the case in practice and several European countries, though in exceptional cases and when there is a sufficiently compelling reason,” said the Senator.

The President of Russia Vladimir Putin signed on Tuesday a law giving the Constitutional court (CC) of the Russian Federation the right to accept the impossible enforcement in Russia of decisions of international courts, if they violate the rule of the Russian Constitution.

According to Klishas, these “exceptional cases” and “good reason”, as a rule, concern not so much the substantive content of human rights as their concretization by interpretation. “Again the decision on this issue in these countries is a specialized body of constitutional control”, — said Russian Senator.

According to him, the practice of non-implementation of the ECHR in case they contradict the Constitution, in several European countries, including Germany, Italy, UK and Austria.

Also Klishas noted that the President signed amendments to the law on the constitutional Court of the Russian Federation will allow to exclude situations in which the Federal Executive authority decides to apply or not apply regulations to various international bodies whose jurisdiction extends to the Russian Federation.