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All Appeals Lead to Strasbourg? Unpacking the Impact of the European Court of Human Rights on Russia

Demokratizatsiya, Vol. 17, No. 2, pp. 145-178, Spring 2009

Univ. of Wisconsin Legal Studies Research Paper No. 1082

35 Pages Posted: 18 Jun 2009 Last revised: 6 Feb 2015

Alexei Trochev

School of Humanities and Social Sciences, Nazarbayev University

Date Written: June 18, 2009

Abstract

The author explores how Russian government officials and judges interact with the European Court of Human Rights (ECtHR) and argues that the Russian judiciary may be the most ECtHR-friendly branch of Russian government. Russian judges increasingly refer to the jurisprudence of the ECtHR, despite facing a host of pressures to do otherwise. As a result, the Russian legal system’s adherence to the standards of the 1950 convention is a complicated work in progress that develops in fits and starts and in which those in power wrestle with the question of their legal autonomy to limit the domestication of European human rights standards in Russia’s governance.

Keywords: European Court of Human Rights, judicial independence, litigation, Russia, Supreme Court

JEL Classification: K41

Suggested Citation

Trochev, Alexei, All Appeals Lead to Strasbourg? Unpacking the Impact of the European Court of Human Rights on Russia (June 18, 2009). Demokratizatsiya, Vol. 17, No. 2, pp. 145-178, Spring 2009; Univ. of Wisconsin Legal Studies Research Paper No. 1082. Available at SSRN: https://ssrn.com/abstract=1421342

Alexei Trochev (Contact Author)

School of Humanities and Social Sciences, Nazarbayev University ( email )

53 Kabanbay Batyra Avenue
Astana, 010000
Kazakhstan

HOME PAGE: http://www.nu.edu.kz

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