The working group assessed the position of the Venice Commission on the amendments
The position of the Venice Commission on amendments to the Constitution of the Russian Federation on international relations should be taken as a recommendation and not a drama, said to RIA Novosti, the co-chair of the working group on the amendment of the basic law taliya khabrieva.
The Venice Commission of the Council of Europe, expressing his opinion on the amendment to the Constitution of the Russian Federation according to decisions of the ECHR, recommended to remove the proposed addition to article 79 of the Constitution (on international relations), or change its wording. The Commission pointed out that Russia made a political decision to join the Council of Europe and to remain a member of this organization. By ratifying the ECHR, and recognizing the jurisdiction of the Strasbourg court, it assumed the obligation to comply with court orders, the report said. Co-chair of the working group to discuss amendments Andrei Klishas, in turn, told RIA Novosti that the Russian Federation took note of the position of the Venice Commission, but will not amend a constitutional amendment.
"The Venice Commission indicated that 79 article gives them questions in connection with the possibilities of non-execution of decisions of the ECHR - indeed it is. It says that concerned the Venice Commission. Thus two conclusions made, whether the negative effects from this depends on how to develop practice. So. Unequivocally it is not expected that there will be something negative. They say that will depend on what will shape law enforcement practices... it is Important to know, besides the fact that there is no drama in this decision that the adoption of such a rule, they write that a very important dialogue between the ECHR and national Supreme courts, that is our Constitutional court that this is the appropriate forum for finding solutions. So everything is very positive - it is the recommendation, respectively, will move, how to move further", - said khabrieva.
Co-chair of the working group added that the opinion was prepared in a planned manner. While such concerns, says the expert, the Commission was in 2015, when the constitutional court appeared powers check the enforceability of decisions of international courts. So, in 2016, an opinion was issued, but, according to Khabrieva, "nothing terrible happened", because Russia has never refused to fulfill its international obligations.
"The decision of the Venice Commission says that the supremacy of the Constitution over international Treaty is absolutely legitimate, and they admitted that in countries where the Constitution has supremacy over the European Convention on human rights, there is a likelihood that the constitutional court can detect the contradiction between the Constitution and the interpretation which gives the ECHR. So they recognize that it is possible. It is necessary to hiccup and execution mechanisms", - said the Agency interlocutor.
While khabrieva, speaking about the speculation on the subject, stressed that Russia, contrary to some rumors, will not lose the right to appeal to international courts. "That's right, we saved. It at us was, is and remains," concluded the co-chair of the working group.