Onder 5.85. Rechtbank Den Haag 20 april 2016

In this context, it should be noted that, in accordance with and resulting from the constitutional principle of the separation of powers, Article 15 paragraph 1FLIT – which, as has been stated, entered into force shortly after the ECT was signed – stipulates that certain treaties, including “international treaties whose implementation requires amendment of existing legislation or enactment of new federal laws, or that set out rules different from those provided for by law” , are subject to ratification. Based on the second paragraph, the ratification requirement also applies “if the parties have agreed to subsequent ratification when concluding the international treaty”. Although the former Soviet Union had a different state system than the one that was introduced in 1993, Article 12 of the predecessor of the FLIT, the Law of the USSR of 6 July 1978 “ on the Procedure for Conclusion, Performance, and Denunciation of International Treaties of the USSR ”, contained a similar ratification requirement as Article 15 FLIT. That requirement applied, among other things, to “treaties providing for rules different from those contained in the USSR legislative acts” as well as to “international treaties of the USSR (…) where the contracting parties have agreed on subsequent ratification when concluding the treaty”.

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