The Russian Federation and the Strasbourg Court: the illegitimacy of sovereignty?

Bowring, Bill (2015) The Russian Federation and the Strasbourg Court: the illegitimacy of sovereignty? In: Ziegler, K. and Wicks, L. and Hodson, L. (eds.) The UK and European Human Rights: A Strained Relationship? Modern Studies in European Law. Oxford, UK: Hart, pp. 415-440. ISBN 9781849467957.

Abstract

This chapter concerns what could have been, but turned out not to be, the Russian Hirst: the case of Konstantin Markin v Russia. The 2010 Chamber judgment against Russia caused a storm of protest, especially in the Constitutional Court of the Russian Federation (CCRF), which had been subjected to severe criticism by Strasbourg. The Chairman of the CCRF, Judge Valery Zorkin, responded to the judgment with a plethora of references to Russia’s sovereignty and threats to it. But in a classic case of a ‘meaningful dialogue’ with the CCRF, the Grand Chamber, while finding against Russia, refrained from criticising the CCRF, to which the case returned. Instead of the expected confrontation, the CCRF produced a judgment of pragmatism, following the example, in part, of the German Constitutional Court.

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