EAN: 9783898216395

THE IMPACT OF THE EUROPEAN CONVENTION ON HUMAN ...

This book analyzes the practice of Russia honoring her legal obligations under the European
Convention of Human Rights (ECHR): to secure to everyone within its jurisdiction the rights and
freedoms defined in the Convention (Article 1 of the ECHR). The study comes to the conclusion
that the impact of the ECHR on the Russian legal system  in terms of its implementation by
domestic courts  is unsatisfactory. The jurisprudence of the Supreme Court and Supreme
Arbitration Court is an attempt to demonstrate to the Council of Europe that the ECHR is being
applied  rather than to implement the ECHR. In contrast  the jurisprudence emerging from
decisions of the Russian Federation's Constitutional Court and district courts indicates a
better understanding of the spirit of the ECHR. Still  the rare instances in which domestic
courts implemented the ECHR were  more often than not  prompted by applicants' arguments based
on ECHR case-law  rather than by the courts. The book suggests methods of ensuring a more
effective implementation of the ECHR's provisions within Russian national law. It develops
recommendations on how to assess the Russian government's compliance with judgments of the
European Court of Human Rights  and how to interpret explanations submitted by Russia to the
Secretary General of the Council of Europe on her implementation of the ECHR.

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