The results of the International Online Conference have been summed up

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The results of the International Online Conference have been summed up

 

During the third session of the International Online Conference the subjects of interpretation in the constitutional proceedings were discussed. The discussion was moderated by Oleksandr Vodyannikov, National Legal Advisor, Head of the Department of the Rule of Law of the OSCE Project Co-ordinator in Ukraine,  Consultant to the Constitutional Commission.

The discussion was also attended by Alexandru Tănase, a Member of the European Commission for Democracy through Law (Venice Commission), President of the Constitutional Court of the Republic of Moldova (2011-2017), Key Expert in the Rule of Law Programme in the Kyrgyz Republic - 2nd Phase (ROLPRO 2), Pavlo Pushkar, Head of Division of the Department for the Execution of Judgments of the European Court of Human Rights, Directorate General of Human Rights and Rule of Law of the Council of Europe, Yurii Barabash, Head of the Research Advisory Council of the Constitutional Court of Ukraine, Doctor of Legal Sciences, Professor, Corresponding Member of the  National Academy of Legal Sciences of Ukraine, Vice-Rector for Academic Affairs of the Yaroslav Mudryi National Law University, and Karybek Duisheev, Chairman of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic.

The panelists shared the practice of the bodies of constitutional jurisdiction of foreign countries, in particular the Federal Republic of Germany, the Republic of Moldova and the Kyrgyz Republic. In particular, the important role of these bodies in ensuring the implementation of the judgements of the European Court of Human Rights was discussed.

Participants stressed that constitutional justice is one of the mechanisms for implementing and adapting national legislation to European standards. In its judgements, the European Court of Human Rights analyzes and evaluates the practice of constitutional proceedings of the member states of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The fourth panel was moderated by Vasyl Lemak, the Judge of the Constitutional Court of Ukraine. The topic of discussion was the decision of the Constitutional Court as an interpretative act.

Presentations were delivered by Lars Brocker, President of the Constitutional Court and the Higher Administrative Court of Rhineland-Pfalz, Igor Rogov, Member of the European Commission for Democracy through Law (Venice Commission), Chairman of the Constitutional Council of the Republic of Kazakhstan (2004-2017), Deputy Executive Director of the Fund of the First President of the Republic of Kazakhstan, and Rainer Arnold, Professor at University of Regensburg.

Dainius Žalimas, President of the Constitutional Court of the Republic of Lithuania, and Hennadiy Ryzhkov, Legal Advisor at the German Foundation for International Legal Cooperation (IRZ), also joined the discussion.

During the session it was emphasised that the Constitution of Ukraine is a normative act of higher legal force, the norms of which, in case of emergence of legislative gaps, have direct, immediate application. By acting as a guarantor of the protection of fundamental human and civil rights and freedoms enshrined in the Basic Law of Ukraine, the Constitutional Court of Ukraine may prevent the potential threat of violation of these rights by means of a mandatory explanation of the provisions of constitutional norms. During the discussion it was noted that since the practical application of a provision of the Constitution or a law sometimes has difficulties in defining and clarifying the content of certain provisions of the law, therefore it is necessary to follow a formal interpretation for its correct and uniform application.

In addition, the speakers noted that the official interpretation does not change the content of the Constitution. Furthermore, true meaning of the Basic Law is preserved by the process of its interpreting.

Summing up the results of the International Online Conference, Serhiy Holovaty, Deputy Chairman of the Constitutional Court of Ukraine, together with Judges Vasyl Lemak, Oleh Pervomayskyi and Halyna Yurovska, thanked the speakers for their interesting and informative reports, emphasising the importance of the issues raised by them.

Judges of the Constitutional Court of Ukraine congratulated the participants on the 24th anniversary of the Constitution of Ukraine and the 30th anniversary of the Venice Commission and wished the participants further success in establishing democratic principles and values in the world.

  

 

 

Developed with the support of OSCE Project Co-ordinator in Ukraine
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