Current Developments

Is there a positive obligation on Russia to legalise same-sex unions under the European Convention on Human Rights?

The communicated case of Fedotova and Shipitko v. Russia

On 2 May 2016, the European Court of Human Rights communicated the case of Irina Borisovna Fedotova and Irina Vladimironova Shipitko v. Russia (no. 40792/10). The complaints lodged by three same-sex couples concern the inability of same-sex couples to register for marriage under Russian legislation and the lack of other means of giving legal status to the relationship of same-sex couples, as marriage is the only legally recognised union in …

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SymposiumVerfassungs- und Völkerrecht im Spannungsverhältnis

At a crossroads

Russia and the ECHR in the aftermath of Markin

As part of Verfassungsblog’s topical focus on the prevailing tensions between international and national constitutional law, we go east and take a look at Russia and its unsteady relationship with the European Convention of Human Rights (ECHR) – particularly the lately arisen tensions between the Russian Constitutional Court (CCR) and Strasbourg in the wake of the ECtHR’s decision in the Markin case. First, and in a more general manner, we …

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DiscussionKick-off

Selecting Europe’s Judges: on the Evolving Legitimacy of Appointments in Luxembourg and Strasbourg

What is judicial legitimacy?

The concept of legitimacy is a favorite debate among many political philosophers and lawyers. Since our perceptions of what is legitimate change over time, we look at legitimacy not as a static concept but as one evolving over time. Judicial appointments, particularly to constitutional, federal and international courts have always been a sensitive matter. In Europe, the impartiality and professional merit of both domestic and supranational judges are becoming a …

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