Journal of Siberian Federal University. Humanities & Social Sciences: Import and Impacts of the ECHR and the Judgments of the ECtHR in the Russian and German Legal System

Journal of Siberian Federal University. Humanities & Social Sciences / Import and Impacts of the ECHR and the Judgments of the ECtHR in the Russian and German Legal System

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Dederer, Hans-Georg
Contact information: Dederer, Hans-Georg: University of Passau 39 Innstrasse, Passau, 94032, Germany;
Keywords: relationship between public international law and domestic law; validity and applicability of ECHR and ECtHR judgments in the domestic sphere; sovereignty; supremacy of the national constitution
Abstract: In modern constitution-based states, it is, as a rule, the national constitution which determines whether, and to what extent, public international law takes effect in the domestic legal sphere. Accordingly, states may limit or even exclude the validity or applicability of public international law for constitutional reasons. This holds true for the European Convention on Human Rights (ECHR) and the judgements of the European Court of Human Rights (ECtHR) as well. The jurisprudence of both the Russian and the German Constitutional Court provides examples of judicial approaches to limit the validity and applicability of the ECHR or ECtHR judgments within the national legal order
Pages: 781-784
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33301