Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Duma Considers Law To Limit Influence Of European Court On Russia’s Legal System

Posted by Info on 23/06/2011

A draft bill states that Russian court decisions should be reconsidered following the European Court of Human Right rulings only if a specific law was unconstitutional.
The amendments to some laws and the Arbitration Code and Criminal Procedure Code were proposed by Aleksandr Torshin, the acting speaker of the parliament’s upper house, the Federation Council. The influence of the court in Strasbourg on the Russian legal system should be limited, he believes.

If the ECHR rules on Russian courts decisions, they should only be reconsidered if the laws on which they were based are recognized unconstitutional, Torshin said. The last word should belong to Russia’s Constitutional court. The State Duma may consider the draft bill until the end of the current session.

The speaker’s initiative is intended to limit the right of the European Court to interfere into the area of Russian jurisdiction. A proposal has been made to amend the law On the Constitutional Court by adding a provision stating that that international treaties do not supersede the Russian Constitution.

Torshin’s initiative could violate a number of provisions of international treaties that Russia has signed, Tamara Morshchakova, a retired judge of the Constitutional Court.

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