Hans-Jürgen ZAHORKA
Between 2013 until
mid-2015, around 45.000 Russians have turned to the European Court of Human
Rights (ECHR) in Strasbourg (Moscow Times, 10.12.2015). The majority of
cases was decided against the Russian administration, for the protection of
Russian citizens. The ECHR can rule also against a Constitution of a signatory
State – which was the case e.g. in an equality and non-discrimination case
against Germany where the Constitution had ruled that women cannot fight in the
army, neither fight in combat troops. A female future helicopter pilot
had this examined legally, and won finally. The German Constitution had to be
changed. So, the ECHR is a (not only constitutional) watchdog, with many
judgments in favour of judicial rights of the citizens. Since Eastern European
States are subject of ECHR decisions, there is a certain tendency in favour of
a liberal society, abiding to the rule of law. It is good to have international
courts in Europe, and the ECHR and its EU counterpart, the Court of European
Justice (CEJ) in Luxembourg have all confidence of the citizens. These courts
are a guarantee of the sum of all positive legal traditions.
But now Russia has
managed to adopt a new law, and this within days:. The Federal
Constitutional Law of 14.12.2015 № 7-FKZ: “On Amendments to the Federal
Constitutional Law” – On the Constitutional Court of the Russian
Federation. The law has been initiated in the Parliament on
18.11.2016 and was approved on 4.12.2015 State (Duma) resp. 9.12.2015
(Federation Council), then signed by the President on 14.12.2015. This speed
says it all; only semi-auhoritarian and authoritarian regimes can afford
to whip a law through Parliament that fast, without gathering any feedback by
civil society (which hardly exists in Russia). The law says that its
Constitutional Court can exempt Russia of international judgments, if this
judgment is against the Russian Constitution. So Russia is, again, alone.
This cannot be
compared to the case of the United States who did not want their military staff
responsible before an international court. The ECHR concerns civilians. Russia
evidently took the Yukos case to trigger its new policy, also to save 1,9
billion EUR compensation to be paid to former Yukos shareholders. This case has
to do with arbitrary use of procedural rights, as well as with the case against
Michail Khodorkovsky, another example which can show very contestable Russian
standards of the rule of law.
Russia should know
that this new law is considered by the Rule-of-Law community of the world as
being against its own interests, against foreign Investment in the country
which would be needed so urgently. But it goes hand in hand with the laws about
“foreign agents”. It is the point on the “i” which should defer all relevant
decisions to a post-Putin era, as at present Russia is far away from the rule
of law.
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