The article presents a comparative analysis of the mechanism for implementing the decisions of the ECHR, proposed by the Federal Constitutional Court of Germany in the “Goergulu case” in 2004 and the Constitutional Court of the Russian Federation in the judgment of July 14, 2015 No. 21-P. The author believes there is a difference between the German and Russian legal orders in resolving the problem of enforcing judgments of the ECHR, despite the presence of comparability factors of legal systems. This conclusion is caused by fundamental differences in the place of the Convention for the Protection of Human Rights and Fundamental Freedoms, decisions of the ECHR and the role played by national constitutional courts in the implementation of Convention standards. The author notes the existing differences in approaches to the implementation of the decisions of the ECHR in the national legal order among the national constitutional courts, but studying them can enrich the national experience and optimize their own practice.
Translated title of the contributionISSUES OF IMPLEMENTATION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE INTERPRETATION OF THE FEDERAL CONSTITUTIONAL COURT OF GERMANY: THE IMPORTANCE OF GERMAN EXPERIENCE FOR THE RUSSIAN LAW AND ORDER
Original languageRussian
Pages (from-to)20-26
JournalКОНСТИТУЦИОННОЕ И МУНИЦИПАЛЬНОЕ ПРАВО
Issue number5
StatePublished - May 2019

    Research areas

  • European court of human rights, IMPLEMENTATION OF DECISIONS OF THE ECHR, CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION, COMPARATIVE CONSTITUTIONAL LAW, FEDERAL CONSTITUTIONAL COURT OF GERMANY

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