Status of international agreements in the Russian constitutional law

International agreements are an important element stabilizing the international law and Russia’s relations with other countries. Bordering with 14 countries and being a politically active member of several dozen international organizations, Russia is a party to the vast number of contracts and international agreements concluded between countries as well as international organizations. In April 1986, the Soviet Union ratified the Vienna Convention on the Law of Treaties of 22 May 1969. After the changes in the political system, the Russian Federation as the successor to the Soviet Union defined the status of international agreements in the Constitution of 12 December 1993 in the Federal Law of 15 July 1995 on the international treaties of the Russian Federation and the Federal Constitutional Law on the Constitutional Court of the Russian Federation. The purpose of this article is to present the status of international agreements of the Russian Federation, in particular the primacy of international law over national laws – in the light of Federal Constitutional Law, case law and the doctrine, including latest changes in the Law on the Constitutional Court of the Russian Federation of December 2015.

Legal status of National and Ethnic Minorities in the Czech Republic

The proper regulation of the legal status of national and ethnic minorities in the former Communist Block countries still remains a serious problem. In comparison to other countries of this block, the Czech Republic stands out. Its constitutional protection of national and ethnic minorities is currently guaranteed by the regulation included in: the constitution from December 16 1992, the Charter of Fundamental Rights and Freedoms, the act regarding the rights of national minorities of 2001, the anti-discrimination act of 2009 and the ratified international agreements. The purpose of this elaboration is to present the legal situation of the national and ethnic minorities in Czech Republic by specifying the assumptions of country’s politics towards the minorities, discuss their granted rights and legal instruments essential for its protection. This precedes the extensive historical sketch showing the position of the national minorities within the Czech Republic between 1918 and 1992, which Czech Republic is a legal and axiological continuator.

Stabilising Provisions in the Constitution of the Republic of Poland on the Example of the Concordat Between the Republic of Poland and the Apostolic Capital

The Constitution, in Chapter I of the Republic, contains norms of a stabilising legal status. We address those that raise questions of interpretation, sometimes raised by the doctrine and resolved in different ways. Some are formulated in general terms, which makes it difficult to determine the scope of the protection (stabilisation) provided. We will concentrate on the norms of stabilisation that perpetuate the regulations or even do not allow changes without amending the Constitution of the Republic of Poland – Article 25 Paragraph 4, treating of the agreement concluded with the Holy See, but also those that mention, in various contexts, the constitutional ministers that may not be absent from the government, although the law allows its composition to be shaped freely. It seems that among the norms of a stabilising legal state, the issue of the Concordat is the most emotive. The authors wonder: is it legitimate for the church party to have more rights than the state? A historical-legal method (analysis of the Concordats and the historical-political background) and a dogmatic analysis of the provisions have been used.