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Rustem Zalyaev

Constitution. The Constitutional Court ruled that the requirements of the Act did not contravene the Constitution and they did comply, in particular, with both the right of association and the freedom of activity of public associations. 25 In addition, the European Court of Human Rights examined the

Derek Hutcheson and Ian McAllister

’nyi, who claimed that the allegations were politically-motivated, appealed to the European Court of Human Rights and, following its verdict in early 2016 that the original trial had been flawed, the verdict was overturned by the Russian Supreme Court in November 2016. 13 However, the case was retried

Arkadii E. Lyubarev

maximum term of punishment provided by the relevant article. As a result, the citizens sentenced to imprisonment conditionally, were also deprived of passive suffrage. In particular, Alexei Navalny, whose sentence was once rejected by the European court of human rights, was deprived of the right to

Kathryn Hendley

put their hope for redemption in the European Court of Human Rights, viewing their defeats in the Russian domestic courts as inevitable. In Russia, as elsewhere, the legal profession is not static. Every year, thousands of young people graduate from law faculties, opening the possibility for change

Geir Flikke

litigation have changed as ngo s are deprived of resources they need to front cases at the European Court of Human Rights ( echr ). 6 ngo s and hrd s must now devote more and more time to ridding themselves of a stigmatizing label, rather than honing their skills in presenting cases for

Kirill Rogov

European Court of Human Rights. Navalny’s election campaign manager, Vladimir Ashurkov, was accused of ‘illegal crowd-funding’, and his chief of staff Leonid Volkov was charged with ‘obstructing the work of a journalist’ because of his fleeting conflict with a correspondent for the pro-Kremlin TV channel

Contextualization of the Local

A Predisposition of Former Yugoslav States to Liberal Peace

Nemanja Džuverović

peace created for them ( Kostić 2008 ). This could well explain the continuous existence of institutions such as the Office of the High Representative, the BiH Constitutional Court, where judges are appointed by the president of the European Court of Human Rights, the eulex mission in Kosovo or the EU

Intervention as Virtue, Obligation and Moral Duty

The Meaning of Russia’s Rhetoric on Responsibility during the Georgian and the Crimean Crises

Anatoly Reshetnikov

international institutions called upon to resolve the disputes related to states’ responsibility through judicial settlement (e.g. the International Court of Justice, the European Court of Human Rights, etc.). While delivering judgment in a case, those courts apply the body of rules and principles embodied in

Martin Mendelski

What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.

Michael Hein

development that could be interpreted as constitutionalization, which namely applied to the European Convention on Human Rights ( echr ) and its enforcement by the European Court of Human Rights (ECtHR). The eu ’s and the CoE’s enlargement and constitutionalization are the main topics of Wojciech Sadurski