Levin, Ilya Author aut Schwarz, Michael Author aut Text xx# 2015 Verfassungsblog 2015-01-30 eng

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As part of Verfassungsblog’s topical focus on the prevailing tensions between international and national constitutional law, we go east and take a look at Russia and its unsteady relationship with the European Convention of Human Rights (ECHR) – particularly the lately arisen tensions between the Russian Constitutional Court (CCR) and Strasbourg in the wake of the ECtHR’s decision in the Markin case. First, and in a more general manner, we briefly review the theories conceptualizing the relationship between domestic and international law, which traditionally go by the names of monism and dualism. In doing so, we do not miss the point that, as national constitutional practice in a variety of member states of the ECHR shows, conceptual clarity in terms of commitment to one or the other grand theory is often blurred, if not contradicted (I.). Clearly, Russia is no exception (II.). The Markin case marks a turning point in the relationship between the CCR and the ECtHR as Strasbourg, for the first time, overruled a decision of the CCR, which spurred a heated constitutional debate. The repercussions are yet to be seen (III.). CC BY-NC-ND 4.0 Levin, Ilya funded by the government 342 https://staging.verfassungsblog.de/crossroads-russia-echr-aftermath-markin-2/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20181005-150226-0 150130 10.17176/20181005-150226-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)