La complessa relazione tra la Federazione Russa e la CEDU alla luce della riforma costituzionale del 2020

Abstract

The complicated relationship between the Russian Federation and the ECHR in light of the 2020 constitutional reform – The essay aims to analyze the relations between the Russian legal system and the European Convention on Human Rights in the light of the Russian constitutional reform of March 2020. After an overview, inter alia, on the content of art. 79 and 125 of the Russian Constitution, the article focuses on the constitutionalization of the mechanism that empowers the Russian Constitutional Court to declare non-executable decisions taken by supranational courts, including the ECtHR, if these contradict the Constitution of the Russian Federation or impose obligations conflicting with the basis of the Russian public order. In particular, the Author tries to identify the systemic reasons underlying the choice of the constitutional legislator and the possible consequences on the level of the protection of fundamental rights in Russia, as well as the impact on the legitimacy of the conventional system itself.