The Venice Commission of the Council of Europe decided to analyze the law on the priority of decisions of the constitutional court of the Russian Federation on the decisions of international courts. Senator Alexey Aleksandrov recalled that the Commission refused to address the issue of anti-constitutional coup in Ukraine.
MOSCOW, 22 Dec. The Russian side States a political dimension to the work of the Venice Commission of the Council of Europe, said the first Deputy Chairman of the Federation Council Committee on constitutional legislation and state construction Alexei Alexandrov, commenting on the decision of the Commission to analyze Russian law on the priority of decisions of the constitutional court of the Russian Federation on the decisions of international courts.
The decision of the Commission
The Venice Commission of the Council of Europe decided to review the law on the priority of decisions of the constitutional court of the Russian Federation on the decisions of international courts.
Earlier Russian President Vladimir Putin signed a law giving the Constitutional court the right to recognize the impossible enforcement in Russia of decisions of international courts, if they violate the rule of the Russian Constitution. The draft law was developed in pursuance of the COP decision dated 14 July, in which he ruled that will solve the issue of execution of judgments of the European court of human rights in each case individually and decisions of the ECHR are enforceable only with regard to the recognition of the supremacy of the Constitution of Russia.
A source in the administration of the Council of Europe the Agency confirmed that “the Venice Commission will review this document”.
Earlier, another source in the Council of Europe stated that “the Commission has received a request from the PACE Committee on legal Affairs and human rights on analysis capabilities, including the recent bill concerning the decisions of the constitutional court in respect of decisions of international courts”.
The Council found it difficult to say when the Commission will prepare the corresponding opinion. However, according to the Commission can prepare a report in the first half of next year.
The Commission’s assessment
Commenting on the decision of the Venice Commission, who worked with her Senator Alexandrov pointed out that, “we are always worried about a certain political component of the Venice Commission”.
He recalled that “when we turned to the expert advice and all structures in, over the illegal, unconstitutional coup in Ukraine, it was all done, including the leadership of the Venice Commission, in order not to do”. “They were well aware that the answer can give only one, that is a coup, an unconstitutional action that it is illegal excommunication from office of the President, legitimately elected in a democratic state of law… the Illegal expulsion of judges of the constitutional court of Ukraine, — it’s all obvious,” he added.
“So when an international legal body, too politicized and influenced by some forces, the country and trying to make the decision was beneficial only to States, political structures, this is bad,” said the Russian Senator.
He continued that “the Venice Commission should receive a fair legal decision”. Speaking about the upcoming decision of the Commission, Aleksandrov remarked that, whatever decision was taken, “we have already developed immunity against unlawful, unfair, subjective decisions of international legal bodies”. He added that often the decisions “will often serve as one interested party, which for decades has occupied a significant position in international organizations and in international legal organizations, in particular”. “Even all the machines PACE, EU, NATO, all devices-proteges of one of the world’s major powers. It is very difficult to talk about justice in knowingly illegal house”, — said Alexandrov.
However, he noted that the Russian side, “if need be, will defend its position, it has serious legal base.”
The work of the Committee
Referring to the work of the legal Committee of the PACE, the incoming Russian Senator pointed to the “injustice and tendentiousness”. “By the way, in the legal Committee we with our colleagues from the state Duma tried then to ensure that the Venice Commission has considered the constitutionality, legality and legal basis of the events in Kiev. We refused, saying that all legal, all fair,” he recalled.
The Senator said he was “ready with my colleagues to discuss these issues”. However, he reminded that from-for taken by the Assembly in respect of the delegation of sanctions “now again we are not are not returned to the PACE, as they continue to restrict the rights of us, the legally elected deputies”.
Cooperation with PACE
At the end of January 2015, PACE adopted a resolution that stripped the Russian delegation of voting rights, the right to participate in the work of the statutory bodies in the monitoring of the elections because of the situation in Ukraine. In addition to the deprivation of significant powers, the Assembly adopted a resolution in which demanded to cancel the “annexation of Crimea”, to release 24 hours a citizen of Ukraine Nadiya Savchenko — 21 requirement. In response, the Russian delegation until the end of 2015, left the Assembly. At the January session is traditionally a place for reconfirmation of powers of delegations to the PACE.
Referring to relations with the Assembly, which is part of the delegation of the Russian Federation Alexey Aleksandrov pointed out that, “if they are willing to cooperate with us in the observance of all legal democratic rules, we are ready, we cannot refuse, we are now ready to go to Strasbourg and Paris to work”. “If not, well, no, what to do, we will wait”, — he concluded. —0-