Russia in the Council of Europe: Participation à la carte

Roter, Petra

doi:10.1017/9781108235075.004

Cited by 5 publications

(3 citation statements)

References 11 publications

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“…Roter argues that Russia, for example, is using an à la carte approach to the standards of the CoE. 128 This means that the rights of some people in politically non-sensitive cases will lose an extra level of protection in the event of expulsion. This argument might be mitigated by the fact that the expelled States might be signatories to other international human rights regimes such as the UN Human Rights Committee.…”

Section: B Protection Of Human Rightsmentioning

confidence: 99%

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Dzehtsiarou¹,

Coffey²

2019

ICLQ

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The effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization.

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Section: B Protection Of Human Rightsmentioning

confidence: 99%

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Dzehtsiarou¹,

Coffey²

2019

ICLQ

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“…4 We cannot speak of concrete resistance for the execution of conventions' obligations of both the ECtHR and the Committee of Ministers to open the official way of replacing the withdrawal as the only possibility of exercising a form of pressure through threats for the abandonment of the treaty. A systematic and structured opposition to the execution of the EctHR's sentences is a type of an atypical formal complaint against the ECHR which in reality can assume the position of a withdrawal "à la carte" allowing participating states to abandon them immediately activating a legal instrument to avoid the disadvantages deriving from a typical withdrawal (Cowell, 2018;Roter, 2018;Cowell, 2019;Graham, 2020). The conventional system does not possess and does not use other solutions to go against this trend but this does not simultaneously justify the path of its own inertia.…”

Section: Introductionmentioning

confidence: 99%

Principled resistance and future of the ECtHR

Liakopoulos

2024

REJ

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The present paper tries to focus and analyze a particular type of withdrawal of State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any State members of the European Convention of Human Rights (ECHR) from it due to non-execution of judgments of the European Court of Human Rights (ECtHR). What is the legal circle of this type of withdrawal? What is the role of the ECtHR? Are there any examples of active disobedience from any

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“…The first concern refers to the tense relations between Russia and the Council of Europe (Bowring, 2020;Roter, 2017). Russia has repeatedly refused to implement the Court's judgments 5 .…”

Section: Introductionmentioning

confidence: 99%

Russia Against Ukraine Before the European Court of Human Rights. The Empire Strikes Back?

Ingelevič-Citak¹

2021

ppsy

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In July 2021, Russia submitted its first inter-state complaint against Ukraine to the European Court of Human Rights. It was an unexpected and intriguing step of the Russian government, especially since many of the presented allegations are linked to the events that initiated the Russian-Ukrainian conflict. Referring to the hostilities that began in 2014, the international community was, in principle, unanimous in assessing who the aggressor was. The focus of this research is the strategy of the Russian Federation in its recently initiated legal battle before the Strasbourg Court. This paper presents an attempt to outline the possible motives for taking such a step. Moscow's position on this case is particularly puzzling, as some of the allegations concern the Crimean Peninsula, widely recognized under international law as territory occupied by Russia. In spite of that, doubt arises about the strategic objectives of the Russian authorities in the conflict with Ukraine; the question is whether the actions taken by Russia fall within the scope of its previous strategy or if there has been a new turn in the matter. The first part of this paper outlines the background of the given conflict, the second details Russian policy after the annexation of Crimea, and the third, which is crucial for the formulating of conclusions, presents considerations on Russia's possible motivation and goals in filing a complaint to the European Court Human Rights. The research was conducted mainly based on the merits of the complaint, the statements of the representatives of Russia and Ukraine in the matter, the author's observations, and practitioners' considerations.

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Russia in the Council of Europe: Participation à la carte

Cited by 5 publications

References 11 publications

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Suspension and Expulsion of Members of the Council of Europe: Difficult Decisions in Troubled Times

Principled resistance and future of the ECtHR

Russia Against Ukraine Before the European Court of Human Rights. The Empire Strikes Back?

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