Monthly archive October, 2016

Russian Constitutional Court and the execution ‘à la carte’ of ECtHR judgments

1. Introduction By judgment of 19 April 2016 the Russian Constitutional Court ruled out that it could fully execute the judgment of the European Court of Human Rights (ECtHR) in the Anchugov and Gladkov v Russia[1] case, in which the ECtHR held that the Russian Federation had violated Article 3 of Protocol I to the European...

Judgment of the Constitutional Court of the Russian Federation no 12-P/2016: Refusal to execute judgments of ECHR or the search for compromise between Russian and international law?

1. Introduction On April 19, 2016 the Constitutional Court of the Russian Federation (hereinafter, the Constitutional Court) issued decision no 12-P/2016 ‘in the case concerning the resolution of the question of possibility to execute the Judgment of the European Court of Human Rights (hereinafter, the ECtHR) of 4 July 4 2013 in the case Anchugov...

The Russian Constitutional Court’s ruling on Anchugov and Gladkov and the complex relationship of domestic courts with the European Court of Human Rights

Introduced by Serena Forlati* The Russian Constitutional Court’s judgment no 12-P/2016 of 19 April 2016, declining to ensure the execution of the general measures required by ECtHR’s judgment in Anchugov and Glad-kov v Russia on the issue of prisoners’ voting rights, comes at a time where ‘backlashes’ against international courts and tribunals are not infrequent,...