Onder 5.93. Rechtbank Den Haag 20 april 2016

The constitutional limitations discussed above require that treaties that deviate from or supplement national Russian laws, cannot be applied based only on their signature, but require prior ratification. In accordance with this, these limitations also apply if treaties, like the ECT, are applied provisionally. As has been considered earlier in this judgment, through Article 26 ECT the Russian Federation is exposed to investment disputes in which foreign investors could accuse the Russian Federation of breach of the legal standards of Chapter III of the ECT. The court concludes that Russian law does not offer an independent legal basis for the settlement of such disputes in international arbitral proceedings. Considering existing Russian legislation, Article 26 ECT constitutes a new form of dispute resolution, namely a form which limits the sovereignty of the Russian Federation in the settlement of international public-law disputes to such an extent that an international tribunal would be competent to rule on the exercise of public-law government actions rather than a national court. The Constitution and the principle of the separation of powers enshrined therein preclude a representative of the executive from being able to bind the Russian Federation to Article 26 ECT. This means, as is also argued by the experts Avakiyan (Opinion of 21 February 2006, pages 8 and 9) and Baglay (Opinion, page 5), as well as A. Martynov in an opinion of 14 December 2006, who at the time participated in the negotiations on the ECT on behalf of the Ministry of Foreign Economic Relations of the Russian Federation, that provisional application of Article 26 ECT is contrary to the constitutional separation of the executive, legislative and judiciary powers.

$ curl -s https://bron.page/api/v1/blobs/c41b7b536312fc28d662a84342c9ad14bf27e0adff7968e8433c5063474db641 | shasum -a 256