Anna A. Kashirkina
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, email@example.com, https://orcid.org/0000-0002-4269-8262
Abstract. The European Commission for Democracy through Law (Venice Commission), while adopting opinions and other documents on various issues within its competence, actively relies on the generally recognized principles and norms of international law. At the same time, the Venice Commission states that, when adopting its conclusions, the European standards enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms are at the forefront, in approaches modeled in the practice of the European Court of Human Rights.
With the help of dialectical methods of cognition (formal-legal, comparative-legal, systemic-structural, historical, analytical, logical, etc.), the author examines the specifics of the interpretation given by the Venice Commission, when adopting various documents, taking into account the generally recognized principles and norms of international law.
The study concludes, in particular, that the interpretive interpretation carried out by the Venice Commission actively relies on the generally recognized principles and norms of international law, including international treaties adopted under the auspices of the United Nations, and on European standards, including the practice European Court of Human Rights, in its own specific understanding. In addition, the conclusions and other acts adopted by the Venice Commission are acts of “soft” law and are advisory in nature, which indicates that the interpretation of the Venice Commission is not a kind of international legal, but a doctrinal interpretation of a complex nature. This allows the Venice Commission to quite actively modernize the tools of international law, creating its own framework for understanding certain generally recognized principles and norms of international law in the modern “sound”. Such activities make a significant contribution to the modernization of the generally recognized principles and norms of international law, since they, even though they are the norms of “hard” law and are of a basic nature for states and other subjects of international law, nevertheless are not frozen categories in time. and space. At the same time, the interpretive interpretation carried out by the Venice Commission should not be used as a political instrument of interference in the internal affairs of states.
Keywords: European Commission for Democracy through Law, Venice Commission, generally recognized principles and norms, international law, constitution, conclusion, European Court of Human Rights
For citation. Kashirkina A. A. Reflection of Generally Recognized Principles and Norms of International Law in the Opinions of the Venice Commission. Journal of Foreign Legislation and Comparative Law, 2022, vol. 18, no. 4, pp. 113—125. (In Russ.) DOI: 10.12737/jflcl.2022.054