Russia’s offensive against the authority of European case law on prisoners' right to vote: the Russian Constitutional Court and the review of the 'enforceability' of a judgement by the European Court of Human Rights
Chargé de cours à l’Université de Liège
Référendaire à la Cour constitutionnelle de Belgique
On 13 June 2016, the Venice Commission issued a critical opinion on the Russian law of 2015 allowing the Russian Constitutional Court to review the feasibility of the enforcement of a judgement by the European Court of Human Rights. Pursuant to that law, the Russian Constitutional Court resolved on 19 April 2016 the question of the possibility to execute the Anchugov and Gladkov judgement, which applies to Russia the Hirst case law on prisoners’ right to vote. The Venice Commission’s Opinion and its background call for reflection about the relationship between a national constitutional jurisdiction and the European Court of Human Rights, as well as the hierarchy of the case law and of the legal norms deriving therefrom.