Die Bedeutung der russischen Verfassungsreform des Jahres 2020 für die Verfassungsgerichtsbarkeit

2021 ◽  
Vol 67 (1) ◽  
pp. 27-40
Author(s):  
Ol’ga Krjažkova
Keyword(s):  
Case Law ◽  
Constitutional Reform ◽  
Political Regime ◽  
Special Focus ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Courts ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation

The article analyzes the 2020 Russian constitutional reform with a special focus on constitutional justice. The author discusses the changes of the Constitution and the legislation on the Federal Constitutional Court and the Constitutional Courts of the constituent entities (subjects) of the Russian Federation. The analysis shows three main developments: First, the liquidation of the constitutional (charter) courts of the subjects of the Federation and their possible replacement by councils within legislative bodies. Secondly, changes of the organization of the Constitutional Court (the reduction of the number of its members, the decision that dissenting opinions of judges are no longer published), and of its relationship with other state bodies (increased dependence on the president and the Federation Council). Thirdly, the changes of the powers of the Constitutional Court (expansion of the powers and reduction of the capacity to consider complaints about violations of constitutional rights and freedoms of citizens). The analyses also looks on previous changes of the legal regulations in this area and the case law of these courts. The article shows that the changes were made gradually and are affected by the current Russian political regime. Lastly, it shows that the constitutional reform did not strengthen, but weakened the institutions of constitutional justice in Russia.

scholarly journals Constitutional Justice in Russia: History and Modern Times

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Nikolay Taskayev ◽  
Anna Oleynik
Keyword(s):  
Russian Federation ◽  
System Structure ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Reforms ◽  
Federal Constitutional ◽  
Governmental Power ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Right

The article examines the process of emergence, formation and development of the constitutional justice institution in Russia. It carries out an analysis of organization and activities of the USSR Constitutional Control Committee, the RSFSR Constitutional Court and the Constitutional Court of the Russian Federation. The authors draw a conclusion of the need of conducting constitutional and legal reforms in Russia, introducing amendments and additions to the Constitution of the Russian Federation. In order to increase efficiency of the constitutional jurisdiction, improving the organization and activity of the Constitutional Court of the Russian Federation, the General Prosecutors Office of the Russian Federation, the Investigation Committee of the Russian Federation, the Executive Office of the Human Rights Commissioner in the Russian Federation, the authors offer proposals of introducing amendments and additions to Articles 104, 125, 129 of the Constitution of the Russian Federation and the Federal Constitutional Law of 21.07.1994 № 1-ФКЗ «On Constitutional Court of the Russian Federation» in terms of authorizing the above-mentioned office-holders with the right of legislative initiative and making inquiries to the Constitutional Court of the Russian Federation. In particular, on issues of constitutionality of the laws, normative legal acts of the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on solvation of disputes in terms of competence between the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on violence of citizens constitutional rights. The authors also offer to expand the Article 129 of the Constitution of the Russian Federation up to a separate chapter of the Constitution in which to establish the place in the system of the governmental power the designation, system, structure, principles of organization and activity, the authorities of the prosecutors office bodies, including in the sphere of constitutional jurisdiction.

Russia

2015 ◽  
Author(s):  
Adrian Ward ◽  
Dmitri Bartenev
Keyword(s):  
Constitutional Court ◽  
District Courts ◽  
Public Agencies ◽  
Criminal Cases ◽  
Constitutional Courts ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Justice Of The Peace ◽  
Commercial Courts

Russia is a civil law country. It is a federation of constituent entities (‘entities’). Laws affecting adults are made mainly at the federal level. Entities have very limited powers in this regard, such as defining the structure of public agencies responsible for implementing federal standards. The judicial system comprises courts of general jurisdiction (which hear both civil and criminal cases), commercial courts, the federal constitutional court, and (in some entities) regional constitutional courts. Courts of first instance are justice of the peace, district, and regional courts. The highest court with general jurisdiction is the Supreme Court of the Russian Federation. District courts hear most adult protection cases, for which there are no special tribunals.

scholarly journals Alexy and the “German” Model of Proportionality: Why the Theory of Constitutional Rights Does Not Provide a Representative Reconstruction of the Proportionality Test

2020 ◽  
Vol 21 (2) ◽  
pp. 163-173
Author(s):  
Niels Petersen
Keyword(s):  
Case Law ◽  
Two Dimensions ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Specific Interpretation ◽  
German Model ◽  
Federal Constitutional ◽  
The One ◽  
Proportionality Test ◽  
German Federal Constitutional Court

AbstractRobert Alexy is one of the most prominent proponents of proportionality in international legal scholarship. His theory has two dimensions. On the one hand, it is a normative defense of balancing. On the other hand, it seeks to provide a reconstruction of the case law of the German Federal Constitutional Court. This Article focuses on the reconstructive part of his theory. It argues that his reconstruction of the jurisprudence of the German Constitutional Court is only partly accurate. In particular, it does not provide a suitable reconstruction of the decisions in which the Court finds a statute to be inconsistent with the constitution. For this reason, the normative critique of Alexy’s theory does not necessarily translate into a critique of the jurisprudence of the German Constitutional Court’s application of proportionality or even the proportionality doctrine itself. Instead, it targets only one specific interpretation of proportionality.

scholarly journals Judicial Review of Democracy. Maintenance of Democracy as a Functionalist Mission in the Jurisprudence of the Constitutional Court of Kosovo

Südosteuropa ◽  
2020 ◽  
Vol 68 (4) ◽  
pp. 530-553
Author(s):  
Enver Hasani
Keyword(s):  
Legal Theory ◽  
Case Law ◽  
Point Of View ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Contractual Relationship ◽  
Constitutional Justice ◽  
Constitutional Jurisprudence

AbstractUsing Kosovo and its constitutional jurisprudence as a case study, this paper discusses the role of constitutional courts as agents for implementing a democratic project on behalf of the sovereign as the principal. It discusses that role primarily from the point of view of the court’s functional intervention in improving the behaviour of the three branches of government. The paper begins by unveiling the historical development of constitutional justice, with as its focus the concept of new constitutionalism and the European/Kelsenian model encountered in Kosovo. It discusses too the theories of delegation of power, the contractual relationship, and trust between sovereigns and constitutional adjudicators in the context of subjects connected with this article. To present scenarios where the court manifests itself as a negative legislator, a positive legislator, and as an influencer of attitudes, the article includes convincing illustrations from both legal theory and case-law.

scholarly journals National Constitutional Courts as Guardians of the Charter: A Comparative Appraisal of the German Federal Constitutional Court's Right to Be Forgotten Judgments

2020 ◽  
pp. 1-21
Author(s):  
Clara RAUCHEGGER
Keyword(s):  
Primary Source ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Federal Constitutional ◽  
Eu Fundamental Rights ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

Abstract The binding legal force that the Charter acquired with the Treaty of Lisbon has led some national constitutional courts to adopt an entirely new approach to EU fundamental rights. Most notably, the Austrian Constitutional Court, the Italian Constitutional Court, and the German Federal Constitutional Court have explicitly made the Charter a yardstick of constitutional review. This article compares and contrasts the approaches of these three courts to the Charter. It shows that the strategies of the Austrian and German Constitutional Courts have many characteristics in common, including that national constitutional rights are treated as a primary source and the Charter as a mere secondary benchmark in the majority of cases. The most distinctive feature of the Italian Constitutional Court's strategy is that it mainly aims to prevent ordinary courts from circumventing constitutionality refences by directly applying the Charter. The article concludes by arguing that it has many advantages when national constitutional courts adopt the Charter as a yardstick of constitutional review. It is for the constitutional courts and the CJEU to ensure that these benefits are not outweighed by some serious drawbacks of constitutional review in light of the Charter.

scholarly journals The 2020 Reform of the Constitutional Court of the Russian Federation: “Who Will Be Watching the Watchmen”

2021 ◽  
Vol 1 ◽  
pp. 12-22
Author(s):  
Dzhamilya S. Velieva ◽  
◽  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Compliance Assessment ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Management Aspect

The article presents an analysis of amendments introduced to the Federal Constitutional Law On the Constitutional Court of the Russian Federation within the framework of the 2020 constitutional reform. The authors review two areas of reformation of operations of the Constitutional Court: the organizational and management aspect and the transformation of powers to carry out constitutional compliance assessment.

scholarly journals The German Federal Constitutional Court’s Exercise of Ultra Vires Review and the Possibility to Open an Infringement Action for the Commission

2020 ◽  
Vol 21 (5) ◽  
pp. 1078-1089
Author(s):  
Sara Poli ◽  
Roberto Cisotta
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Related Case ◽  
The Public ◽  
Court Of Justice ◽  
Domestic Courts ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
Article 5

Abstract The paper examines the possible opening of an infringement procedure against Germany as a result of the breaches that emerge from the declaration by the German Constitutional Court that the Court of Justice has acted ultra vires in the Weiss judgment (C-493/17). The proportionality assessment of the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), carried by the Court of Justice, is contested by the domestic court. We recall that the Commission enjoys great discretion regarding the launch of an infringement action based upon Article 258 of the TFEU and may be reluctant to use its powers, considering the special position of the constitutional courts in the context of Article 267 TFEU as well as the present situation of emergency following the pandemic. Yet, the possibility to start an infringement procedure for breaches of Treaty obligations resulting from an incorrect interpretation of domestic courts was admitted in case C-129/00 Commission v. Italy and applied in two subsequent cases (C-154/08 Commission v. Spain and C-416/17 Commission v. France). As a result of the ruling of May 5, 2020, the Court of Justice may find that Germany failed to fulfil obligations stemming from Article 267 TFEU and the related case-law, Article 19 TEU, as well as Article 5(2) TEU. Other breaches concern the independence of the ECB and of the Bundesbank (being it a Member of the European System of Central Banks (ESCB) and of the Eurosystem) as defined in Articles 130, 282(3) TFEU and Article 7 of the Protocol (No. 4) on the Statute of the ESCB and of the ECB. We argue in favour of the violation of all these provisions read in conjunction with the duty of loyal cooperation, laid down in Article 4(3) TEU. Yet, we conclude that it is uncertain whether the Commission will open (or continue) an infringement procedure against Germany since the Bundesbank may act to satisfy the requests of the German Constitutional Court in relation to the proportionality of the PSPP. It is to be hoped that the German State organs will make sure that the PSPP may be continued, thus ensuring the functioning of the Eurozone, despite the attack of the BVerfG to the EU Judicature and to Weiss ruling in particular.

Past and present of the Constitutional Court of the Russian Federation: formation and change of parameters of its constitutional and legal model

2021 ◽  
pp. 35
Author(s):  
Vladimir A. Kryazhkov
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Soviet Power ◽  
European Model ◽  
Basic Law ◽  
Legal Model ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
State Body

The article is devoted to the evolution of the Constitutional Court of the Russian Federation over 30 years. It is shown how pre-revolutionary ideas about a state body capable of protecting the Basic Law were formed, the attitude towards it in the USSR – from complete denial to recognition of the permissibility of its embedding under certain conditions in the system of Soviet power. The approaches related to the establishment and creation of the initial legislative foundations of the Constitutional Court in perestroika Russia, oriented to the European model of constitutional justice, are considered. The prerequisites, content and process of transformation of the key elements of this model in the post-crisis period (1993 - 1994), their subsequent changes (2001 - 2018) and radical renewal as a result of the constitutional reform of 2020 are analyzed.

The Judgment of the German Bundesverfassungsgericht concerning Reparations for the Victims of the Varvarin Bombing

2015 ◽  
Vol 15 (1) ◽  
pp. 191-201 ◽  
Author(s):  
Sigrid Mehring
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Humanitarian Law ◽  
Federal Republic Of Germany ◽  
Joint Decision ◽  
The North ◽  
Federal Constitutional ◽  
Yugoslav Republic ◽  
German Federal Constitutional Court

In August 2013, the German Federal Constitutional Court affirmed its stance against claims by individuals for reparations for violations of international humanitarian law that it had developed in previous case law. It denied reparation and compensation to be paid by the Federal Republic of Germany to the relatives of killed civilians and to civilians wounded as a consequence of the destruction of a bridge in the Serbian city of Varvarin. The bridge had been destroyed on 30 May 1999 in the course of the North Atlantic Treaty Organization’s (nato) aerial action “Allied Force” against the Federal Yugoslav Republic. The case concerned claims by survivors and family members of persons killed in the attacks. The Court rendered a joint decision on both constitutional claims and found no violation of constitutional rights.

scholarly journals SOME ASPECTS OF COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF ADMISSIBILITY OF CITIZENS ' COMPLAINTS IN CONSTITUTIONAL PROCEEDINGS

2020 ◽  
Vol 34 (2) ◽  
pp. 55-59
Author(s):  
R.M. Akutaev ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Government Officials ◽  
Constitutional Justice ◽  
Constitutional Legality ◽  
The Russian Federation ◽  
The Republic

The article contains a comparative legal analysis of the Institute of admissibility of complaints of citizens on violation of their constitutional rights and freedoms under the legislation of the Russian Federation and the legislation of its subject  the Republic of Dagestan. The reasons for the differences in the legal regulation of the institution in question are considered, the proposal to improve the legislation on the constitutional Court of the Republic of Dagestan is made. It is concluded that compliance with the principles of the rule of law and the priority of the rights and freedoms of citizens can only be achieved through the joint efforts of all bodies of state power and local self-government, officials and ordinary citizens to ensure constitutional legality in lawmaking and law enforcement, which the constitutional justice bodies consistently uphold.

Sign in / Sign up

Export Citation Format

Share Document