The Russian Constitutional Court and the Strasbourg Court: judicial pragmatism in a dual state

Russia's New Authoritarianism

“…This chapter explores these apparent contradictions, building on a growing literature that considers law in Russia as a dualistic domain (Sakwa 2010a(Sakwa , 2010b(Sakwa , 2013Hendley 2017;Trochev 2017;Paneyakh and Rosenberg 2018;Trochev and Solomon 2018). While many 'normal' cases in Russian courts were decided in accordance with proper judicial procedures and codifi ed rules and laws, a much smaller number of 'exceptional' cases were resolved effectively through extra-legal -and sometimes nakedly political -decisions (Sakwa 2010a(Sakwa , 2010bHendley 2017;Trochev 2017;Paneyakh and Rosenberg 2018: 220;Trochev and Solomon 2018).…”

“…In a study of dualism in the Russian Constitutional Court (RCC), Trochev and Solomon characterise the distinction between norm and exception as between 'constitutional' decisions and 'politically expedient' judgments (Trochev and Solomon 2018: 202). The RCC had a long and complex relationship with the Russian authorities, but managed to extend its jurisdiction into many areas of political and social life, retained a certain independence in its judgments, and continued to act as the main judicial interlocutor with the ECtHR (Trochev 2017;Trochev and Solomon 2018). The RCC often declared particular laws unconstitutional -indeed, in 2016, for the fi rst time in the court's history, not a single law reviewed by the RCC was declared constitutional (Trochev and Solomon 2018: 210).…”

Teetering on the Edge of Legal Nihilism: Russia and the Evolving European Human Rights Regime

“…Trochev argues that domestic pressure on courts to cover up abuses by the government rather than properly investigate them feeds people's willingness to submit applications to the ECtHR and largely accounts for the rise in applications. 168 In some regions, civil society organizations have realized the political leverage that could be generated from merely filing an application before the ECtHR, again resulting in a dramatic spike in the number of Russian applications to the Strasbourg court. 169 In 2008, 61 percent of Russians knew of their ability to bring complaints to the Strasbourg Court, 29 percent indicated that they were prepared to do so, and 68 percent agreed that such a court should exist.…”

“…169 In 2008, 61 percent of Russians knew of their ability to bring complaints to the Strasbourg Court, 29 percent indicated that they were prepared to do so, and 68 percent agreed that such a court should exist. 170 It has been argued that the attitudes of Russian society towards the ECHR regime reflect a broader uncertainty regarding the country's identity as a European state. For Russia, straddling the border between Europe and Asia, European integration presents a complex, arduous and progressive process.…”

“…Prison conditions in many areas have improved, and there have been arguable improvements in judicial procedure, such as the introduction of the doctrine of "effective remedy" for procedural delays. 192 …”