T. Morshakova
Deputy President of
the Constitutional Court of
the Russian Federation

Implementation of international law in Constitutional justice:
conclusions and perspectives

Summary

In her report Ms. Morshakova expresses her considerations on the implementation of norms of international law by the Constitutional Court of the Russian Federation, especially in the field of the protection of human and citizen's rights and freedoms. The author focuses on the special signification of a constitutional court as an important and active organ of national constitutional jurisdiction on the protection of generally recognized human rights and freedoms, underlining that the implementation of international norms in these rights and freedoms is the task of all courts.

The reporter disputing with the authors of opinions expressed on this report, concludes that the national legislation cannot make steps to limit the international standards recognized as generally known norms and principles of international law. The author supposes that the Constitution itself is an obstacle for that. The latter follows the international standards and underlines the role of constitutional justice in this question. Then the author mentions the methods through which constitutional courts, especially the Constitutional Court of the Russian Federation, implements norms of international law in the field of human rights and freedoms.

The reporter makes an acquaintance with the approach, worked out in the practice of the Constitutional Court of the Russian Federation, on the interpretation of what should be considered as a generally recognized principle or norm of international law. The author such solution of the problem by the Constitutional Court of the Russian Federation considers to be an essential practical result, but not indubitable from the point of view of international law. The author especially mentions the legal nature of decisions of the Constitutional Court of the Russian Federation concerning the implementation of norms of international law, which are becoming obligatory as well as for courts. In the opinion of the reporter the decisions of the Constitutional Court of the Russian Federation can be considered to have essential contribution to harmonization of national and international legal standards in Europe and in the world.