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Re Execution of the Judgment of the European Court of Human Rights in the Case of Anchugov and Gladkov v. Russia

Russian Federation.  19 April 2016 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Protocol No 1 to Convention — Article 3 — Russian Constitution — Article 15 of Russian Constitution — Russian Constitution having supreme legal force — Execution of judgment of European Court of Human Rights — Whether possible to execute judgment of European Court of Human Rights in accordance with Russian Constitution

Jurisdiction — Execution of judgments — Judgments of European Court of Human Rights — Hierarchy of legal acts — Article 15 of Constitution of Russian Federation — Supreme legal force of Russian Constitution — International law as part of national legal order — Whether international judgments to be executed only if conforming with Russian Constitution — Power of Russian Constitutional Court to review compatibility of judgments with Russian Constitution

Treaties — Interpretation — European Convention on Human Rights, 1950 — “Evolutive” interpretation — Whether “evolutive” interpretation should be based on consensus between all Contracting States — Whether absence of consensus giving Contracting State right to object to interpretation

Human rights — Execution of judgments — Judgments of European Court of Human Rights — Execution by measure of general character — Execution by amendment of national law — Execution by political process — Achieving conformity through means of application of apparently non-conforming rule

Human rights — Right to vote and stand for election — Article 3 of Protocol No 1 to European Convention on Human Rights, 1950 — Restrictions of right to vote for convicted prisoners — Article 32(3) of Constitution of Russian Federation — Application of provision

Human rights — Execution of judgments — Judgments of European Court of Human Rights — Execution by measure of individual character — Whether execution by measure of individual character possible when applicant may not be considered a victim of established violation — European Court of Human Rights — Competence — Whether review of provisions of national legislation in abstracto permissible — Whether European Court of Human Rights can review a particular application of provision in concreto — Whether finding on violation when applicant not qualifying as victim amounting to review in abstracto — The law of the Russian Federation

Type
Case Report
Copyright
© Cambridge University Press 2020

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