According to the opinions of the Venice Commission and the Directorate General for Human Rights and Rule of Law of the Council of Europe, the Decision of the Constitutional Court of Ukraine No.13-r/2020 of October 27, 2020 is legitimate and subject to unconditional implementation by the state
The Constitutional Court of Ukraine states that according to the opinion of the European Commission for Democracy through Law (Venice Commission) and the Directorate General for Human Rights and Rule of Law of the Council of Europe, the Decision of the Constitutional Court of Ukraine No.13-r/2020, despite critical remarks on its motivation, is legitimate and enforceable.
In their opinions, the Venice Commission and the Directorate General gave recommendations to the Verkhovna Rada of Ukraine on the directions of the legislation amendments in implementation of the mentioned Decision of the Constitutional Court of Ukraine.
Also in the process of preparing the document, these authoritative bodies of the Council of Europe did not come to the conclusion that it is necessary to change the composition of judges of the Constitutional Court of Ukraine. On the contrary, they stressed that public authorities must respect the constitutional role of the Constitutional Court of Ukraine, as well as implement its decisions.
At the same time, some politicians demonstrate through the media their interpretation of the opinion of the Venice Commission in a favorable light, while distorting the true essence of its content.
In order to prevent manipulation on this issue, we emphasize that the Decision of the Constitutional Court of Ukraine is legitimate and enforceable taking into account the opinion of the Venice Commission and the Directorate General for Human Rights and Rule of Law of the Council of Europe.
In fact, work on the implementation of this Decision of the Constitutional Court of Ukraine began long before the opinion of the Council of Europe was issued, which indicates the constructive cooperation of relevant bodies aimed at implementing the Decision of the CCU and bringing the law in line with the Constitution of Ukraine.
However, the opinion contains a number of critical remarks to this Decision, in particular, on the reasoning in the motivational part, the procedure for resolving conflicts of interest upon the recusals of judges, possible consequences of the adopted anti-corruption legislation and other issues. All of them are being studied by judges of the Constitutional Court of Ukraine for consideration in the process of adopting the decisions henceforth.
