Die Bedeutung der russischen Verfassungsreform des Jahres 2020 für die Verfassungsgerichtsbarkeit

Abstract

The article analyzes the 2020 Russian constitutional reform with a special focus on constitutional justice. The author discusses the changes of the Constitution and the legislation on the Federal Constitutional Court and the Constitutional Courts of the constituent entities (subjects) of the Russian Federation. The analysis shows three main developments: First, the liquidation of the constitutional (charter) courts of the subjects of the Federation and their possible replacement by councils within legislative bodies. Secondly, changes of the organization of the Constitutional Court (the reduction of the number of its members, the decision that dissenting opinions of judges are no longer published), and of its relationship with other state bodies (increased dependence on the president and the Federation Council). Thirdly, the changes of the powers of the Constitutional Court (expansion of the powers and reduction of the capacity to consider complaints about violations of constitutional rights and freedoms of citizens). The analyses also looks on previous changes of the legal regulations in this area and the case law of these courts. The article shows that the changes were made gradually and are affected by the current Russian political regime. Lastly, it shows that the constitutional reform did not strengthen, but weakened the institutions of constitutional justice in Russia.