Amendments to the Interplay between International and Municipal Law: Decentralisation of Disorder?

Initial declarations made in the State of the Nation address in January 2020 implied amendments to Article 15(4) of the Constitution according to which international law prevails over federal statutes, insofar as the intention was to get rid of the primacy of international law once and for all. Yet the draft adopted by the Duma only elevates to the constitutional rank the already existing possibility to declare specific international judgments unconstitutional and unenforceable. However unfounded it is in international law, it has only concerned 2 cases. But it’s still early to sigh in relief. It’s unclear whether the new powers would still be concentrated in the Constitutional Court. The real danger is that any Russian court may be empowered to declare international judgments contrary to the Constitution, leading to barely manageable decentralisation of non-compliance. It is though clear that ECHR will not be the only victim, as ITLOS or EAEU Court may equally be concerned.