Anne Brasseur: “Selective implementation” of Strasbourg court rulings threatens European human rights system

Human rights protection in Europe will be undermined, if Strasbourg court judgements are subject to “selective implementation,” Parliamentary Assembly President Anne Brasseur has warned.

“I am very concerned about Tuesday’s judgment of the Constitutional Court of the Russian Federation, which states that the European Convention on Human Rights and the judgments of the European Court of Human Rights cannot ‘annul the precedence of the Constitution’ and that the Strasbourg Court’s judgments should not be followed ‘to the letter’ if they violate Russian law.

“Such a finding should in no way prompt the Russian authorities not to implement certain judgments of the European Court of Human Rights. Even now, the Russian Federation is one of the countries with the highest number of non-implemented judgments of the Strasbourg Court: it has not yet fully implemented nearly 1,500 judgments, many of which concern particularly serious human rights violations and/or complex structural problems.

“The implementation of Strasbourg Court judgments is a legal obligation binding on any State Party to the European Convention on Human Rights. The mechanism envisaged by the Constitutional Court ‘to ensure the primacy of the Constitution in the implementation of ECHR judgments,’ should in no way lead to a selective implementation of these judgments, as this would undermine the authority and the efficiency of the human rights protection system based on the Convention as a whole.”

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