Tuesday, July 14, 2015

Basic Law of Russia set up a European – Independent Newspaper

The Constitutional Court has denied bond for its decision to the “Yukos affair”, but is willing to consider appropriate request
 

Yesterday, the Constitutional Court (CC) adopted a resolution on the case of the applicability of decisions of the European Court of Human Rights (ECHR) on the territory of Russia. The supremacy of the Constitution was confirmed. There was a question about the mechanism to ensure that priority. As found “Nezavisimaya Gazeta”, the basis can be taken the experience of European countries.


  
 

The resolution states that “the Russian Federation’s participation in a treaty does not constitute a waiver of sovereignty.” This is what the judges asked MPs to ask a question: does the country signed the European Convention on Human Rights and Fundamental Freedoms, the strict implementation of all decisions of the ECHR, even if they contradict the Constitution?


  
 

The position of the Court was unambiguous: both the Convention and any legal positions of the ECHR “can not undo priority” of the Basic Law. Moreover, as emphasized in the department Valery Zorkin, in the Constitution of the Russian Federation and European legal instruments are the same “common basic values.” A conflict therefore usually do not occur between them. However, according to the descriptive part of the decision of the COP, “such a conflict is possible if the ECHR will provide interpretation of the Convention, contrary to the Constitution.” For all of these cases indicate one way – this is when “Russia will be forced to abandon the literal following the decision of the Strasbourg Court».


  
 

This conclusion is the way it follows from international practice. He refers to the fact that just passed in the European courts, for example, in the UK, Germany, Austria, Italy. There, I fixed the COP also “adhere to the principle of priority of norms of national constitutions in the execution of the ECtHR judgments, as well as the Vienna Convention on the Law of Treaties».


  
 

As already reported, “NG” (see. The number of 02/07/15), the COP, discussing parliamentary paper was to develop a clear legal procedures to ensure the priority of our Basic Law, then to convey this position to Russia in Europe. As can be understood from the explanation on the website of the COP, in principle, all the necessary rules already exist. The supremacy of the Constitution provides only the COP two roughly similar mechanism. The first – a “check the constitutionality of legislation in which the ECHR has found flaws.” The request to the Constitutional Court in such cases sends a Russian court, “review the case on the basis of a decision of the European Justice”, and that already makes its final verdict.


  
 

The second mechanism is an “interpretation of the Constitution at the request of the President or the Prime Minister when the authorities deem a particular ruling of the ECHR in relation to Russia unenforceable without violating the Basic Law.” In such cases, if the Constitutional Court decides that the decision is inconsistent with the Constitution, the execution will not be subject to it.


  
 

However, the Constitutional Court points out that the Russian authorities “have the right to create KS special legal mechanism to ensure supremacy of the Constitution in the execution of ECtHR judgments.” The fact that it will be a mechanism that can be is anyone’s guess. However, one of the initiators of the parliamentary inquiry in the Constitutional Court, the State Duma deputy Alexander Tarnavskiy (“Fair Russia”), said, “Nezavisimaya Gazeta” that “there is nothing to invent is not necessary – we can use the European experience».


  
 

According to him, now it is necessary “to establish bridges for a better understanding with Western colleagues.” If Russia will create its own mechanism to zero, it will be perceived with suspicion, they say, here again, everyone wants to make their own way. He will insist on the study of the experience of all 47 participating countries in the European Convention, in order to take as a basis the practice of one or more of them: “Build us all on the basis of the German experience – and we would have understood».


  
 

The very decision of the COP, he said, should resolve two problems. Firstly, the provisions of the Constitution of the Russian Federation will now definitely take precedence over the decisions of the ECHR, and this will create a procedure established by the Russian authorities. And, secondly, it should clarify the question of “Yukos affair”. “I talked to the lawyers interacting with the ECHR, – said the” NG “deputy. – They stressed that the court’s decision, on the one hand, permeated with respect for the European Convention, on the other – it is clear to lawyers working with the ECHR, with the third – allows Russia to act on its own. ” It is worth noting, however, that the deputy chairman of the Constitutional Court Sergei Mavrin said yesterday that the decision on the priority of the Constitution has nothing to do with the decision of the ECHR on the “Yukos case”, which obliged Russia to pay almost 2 billion euros. However, the judge emphasized, the government can appeal to the Constitutional Court on this matter specifically.

  

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