Russia and the European Court of Human Rights: Enhancing the Dialogue

Conference
Russia and the European Court of Human Rights: Enhancing the Dialogue

MOSCOW
October 27, 2017
VENUE:
Kadashevskaya emb., 14-3

Today the role of the European Court of Human Rights in shaping of international law and in influencing national legal systems is in focus of discussions. Increasing impact of the Court on legal systems of the member countries of the Convention on protection of human rights and fundamental freedoms, on development of contemporary international law is unquestionable. The invaluable contribution of Court practice to elaboration of common standards of human rights protection from Lisbon to Vladivostok is also undoubted. At the same time, the Court has recently attracted attention to itself with high-profile and controversial decisions, contrary to national legislations.

Is the compliance to its jurisdiction and subsidiary role relating to national legal systems provided by the European Court of Justice? How is the dialogue between Court and national courts or other international jurisdictional bodies built? Should Strasbourg consider legal distinctions of member countries? What problems will be in focus of attention of the Court in the next few years? These questions were the subjects of the past Conference with authoritative Russian and foreign experts participating, on the example of issues, related to implementation of “effective control” concept and respect of the freedom of speech right.


Conference languages: Russian, English

PROGRAMME

OCTOBER 27, FRIDAY

9.30 – 10.30
Accreditation. Welcome coffee break.
10.30 – 11.00
Alexander KONOVALOV

Minister of Justice of the Russian Federation

Christos GIAKOUMOPOULOS

Director General of Human Rights and Rule of Law, Council of Europe

Andrey KLISHAS

Chairman, Committee for constitutional legislation and state construction, Federal Assembly of the Russian Federation, Ph.D, professor

11.00 – 12.30

Questions to discuss:

  • when is it admitted that the state exercises "effective control" over other territory;
  • hat are the consequences of recognition of the fact that a state is exercising “effective control” (for the controlling state, for the controlled territory and for the third countries);
  • hether there is a contradiction in approaches to recognition of the fact of implementation of "effective control" between ECHR and other international bodies;
  • ossible ways of ensuring ECHR compliance to its jurisdiction and subsidiary role in conditions of “effective control” concept implementation.

Moderator:

Anatoliy KOVLER

Head of the Centre for problems of integration and international cooperation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Judge of ECHR from 1998 to 2012

Among speakers:

Robert SPANO

Judge, Section President, European Court of Human Rights

“Question of State’s Jurisdiction: the Trends of the European Court’s Case-Law in the Light of International Law”

Michele DE SALVIA

Former Jurisconsult, European Court of Human Rights

“Exterritorial Jurisdiction under the ECHR: the Genesis of the Case-Law of the European Court of Human Rights (from 70s to nowadays)”

Aleksey ISPOLINOV

Ph.D, Head of the Department of International Law, Lomonosov Moscow State University

“Concept of Effective Control in the Case-Law of the European Court of Human Rights and Contemporary International Law”

Philippe BOILLAT

Former Director General of the Directorate General of Human Rights and the Rule of Law of the Council of Europe

“Between “Effective Control” and “Decisive Influence”: What Consequences for the Execution of Judgments”

Vasily TORKANOVSKIY

Head of the international law practice group, Partner at Ivanyan & Partners

“Effective Control as a Test for State Jurisdiction”

12.30 – 13.00
Discussion. Summing up the first session.
13.00 – 13.45
Coffee break
13.45 – 15.30

Questions to discuss:

  • freedom of speech: where are the boundaries;
  • judgment or statement: how to distinguish them;
  • politicians in media: where are the limits for criticism;
  • balance between protection of the right for respect of private life and the right for free expression of opinion;
  • problems of protection of honor, dignity and business reputation in national courts.

Moderator:

Yury BERESTNEV

Chief Editor of the “Bulletin of the European Court of Human Rights”

Among speakers:

Natalia BRADY

Registry, European Court of Human Rights

“Overview of the Recent Trends in the ECHR’s Case-Law: Russian Cases in Comparative Perspective”

Mikhail FEDOTOV

Adviser to the President of Russian Federation, Chairman of the Presidential Council for Civil Society and Human Rights

“Limits on Freedom in a Space with no Limits”

Dmitry DEDOV

Elected Judge from Russian Federation, European Court of Human Rights

“Russian Cases Regarding Protection of Freedom of Speech in the European Court of Human Rights”

Genevieve MAYER

Head of the Department of Execution of Judgements of the European Court of Human Rights, Directorate General of Human Rights and Rule of Law, Council of Europe

“Implementation of the Court’s Judgments Regarding Freedom of Expression: Achievements and Challenges”

Alexey KARTSOV

Leading advisor, Constitutional Court of the Russian Federation

“Freedom of Speech in Legal Positions in the Constitutional Courts of the Russian Federation”

Anita SOBOLEVA

Associate professor, Department of theory and history of law, National Research Institute «HSE»

“Development of the Jurisprudence of the European Court of Human Rights on Freedom of Expression: Old Ways and New Trends”

15.30 – 16.00
Mikhail GALPERIN

Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation, Ph.D.



*This schedule may be subject to change

SPEAKERS

Yury
BERESTENEV
Yury BERESTNEV
Chief Editor of the “Bulletin of the European Court of Human Rights”
Philippe
BOILLAT
Philippe BOILLAT
Former Director General of the Directorate General of Human Rights and the Rule of Law of the Council of Europe
Natalia
BRADY
Natalia BRADY
Registry, European Court of Human Rights
Michele
DE SALVIA
Michele DE SALVIA
Former Jurisconsult, European Court of Human Rights
Dmitry
DEDOV
Dmitry DEDOV
Elected Judge from Russian Federation, European Court of Human Rights
Mikhail
FEDOTOV
Mikhail FEDOTOV
Adviser to the President of Russian Federation, Chairman of the Presidential Council for Civil Society and Human Rights
Mikhail
GALPERIN
Mikhail GALPERIN
Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation, Ph.D.
Christos
GIAKOUMOPOULOS
Christos GIAKOUMOPOULOS
Director General of Human Rights and Rule of Law, Council of Europe
Aleksey
ISPOLINOV
Aleksey ISPOLINOV
Ph.D, Head of the Department of International Law, Lomonosov Moscow State University
Alexey
KARTSOV
Alexey KARTSOV
Leading advisor, Constitutional Court of the Russian Federation
Andrey
KLISHAS
Andrey KLISHAS
Chairman, Committee for constitutional legislation and state construction, Federal Assembly of the Russian Federation, Ph.D, professor
Alexander
KONOVALOV
Alexander KONOVALOV
Minister of Justice of the Russian Federation
Anatoliy
KOVLER
Anatoliy KOVLER
Head of the Centre for problems of integration and international cooperation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Judge of ECHR from 1998 to 2012.
Genevieve
MAYER
Genevieve MAYER
Head of the Department of Execution of Judgements of the European Court of Human Rights, Directorate General of Human Rights and Rule of Law, Council of Europe
Anita
SOBOLEVA
Anita SOBOLEVA
Associate professor, Department of theory and history of law, National Research Institute «HSE»
Robert
SPANO
Robert SPANO
Judge, Section President, European Court of Human Rights
Vasily
TORKANOVSKIY
Vasily TORKANOVSKIY
Head of the international law practice group, Partner at Ivanyan & Partners

RUSSIA AND THE EUROPEAN COURT OF HUMAN RIGHTS: MEETING WITH STUDENTS


A meeting, where students of MSU, SPBU, MGIMO, RUDN, MSAL, RSUJ and ARSUJ (RLA of the Ministry of Justice of Russia) took part in a discussion with leading experts in a sphere of the European Court of Human Rights practice, was held within the framework of the Conference on October 26, 2017.

The event was organized as an open dialogue between students and M. Galperin, Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation, M. Lobov, Head of Human Rights Policy and Cooperation Department, Council of Europe, and A. Kovler, former Judge of the ECHR. The students were invited to ask questions and to share their views on ways to improve the mechanisms for implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms.

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