Acquiescence Affirmed, Its Limits Left undefined: The MarkinJudgment and the Pragmatism of the Russian Constitutional Court vis-à-vis the European Court of Human Rights

Abstract

In its Markin Judgment of Dec. 6, 2013, the Constitutional Court of Russia was expected to determine whose opinions were legally superior – those of the European Court of Human Rights or those of the Constitutional Court itself. The fact that the Court purposely left this question open marks yet another milestone in the expansion of the pragmatic approach to the national / international dichotomy across Europe.