Regarding Russia’s new legislation on the Constitutional Court’s competence to examine possible conflicts between judgments of the European Court of Human Rights and the Russian Constitution, the Secretary General of the Council of Europe, Thorbjørn Jagland, recalls that according to Article 46 of the European Convention on Human Rights all member states of the Council of Europe undertake to abide by the final judgments of the Strasbourg Court.
The Secretary General said “it will be up to the Constitutional Court of Russia to ensure respect for the Convention if it is called upon to act under the new provisions. The Council of Europe will only be able to assess Russia’s compliance with its obligations when and if a specific case arises. The compatibility of Strasbourg judgments with the national constitutions has been examined in some other member States”. “So far, countries have always been able to find a solution in line with the Convention. This should also be possible in Russia”, he added.