December 17, 2024
On December 14, a workshop on the role and use of amicus curiae in constitutional proceedings was held. The event, organised by the Constitutional Court of Ukraine in cooperation with the Project “Support to National Stakeholders in Enhancing Accessibility of Constitutional Justice” of the OSCE Support Program for Ukraine, was carried out in a mixed format. The event brought together the Judges of the Constitutional Court of Ukraine, leading lawyers, international experts, representatives of the Secretariat of the Court, Assistants and Scientific Consultants of the Court’s Judges.
During the event, the participants discussed how the opinions of independent experts can contribute to improving the quality of justice, enhancing the effectiveness of Court decisions, and expanding interaction between the Court, the civil society, and the legal community.
The workshop was opened by Judge of the Constitutional Court of Ukraine Oleksandr Petryshyn, who emphasised the importance of amicus curiae as a tool that contributes to the delivery of high-quality and reasoned Court decisions. Viktor Beschastnyy, Head of the Secretariat of the Court, noted that cooperation with the OSCE Support Program for Ukraine plays an important role in the implementation of modern standards of judicial practice. He underscored that such events are an effective platform for sharing experience and developing independent and reasonable approaches to the work of the Court. Senior Project Associate of the OSCE Support Program for Ukraine Oleksandr Vodiannikov emphasised the key role of international experience in adapting best practices in Ukraine.
During the first session, the participants, including Judges of the Constitutional Court of Ukraine Viktor Gorodovenko, Alla Oliinyk, Oleksandr Petryshyn, and Special Advisor to the Constitutional Court of Ukraine, President of the Constitutional Court of Georgia (2006–2016) George Papuashvili, discussed international experience of using amicus curiae in the case law of the European Court of Human Rights, the Court of Justice of the European Union, and Constitutional Courts of other countries.
The main attention was paid to the role and mechanisms of amicus curiae application in constitutional proceedings of the Constitutional Court of Ukraine. The participants stressed the importance of involving the civil society and the legal community in the process of formulating the legal positions of the Constitutional Court of Ukraine.
The second session was devoted to the argumentation of amici curiae and their reflection in the decisions of the Constitutional Court of Ukraine. The Judges of the Constitutional Court of Ukraine Oksana Hryshchuk, Vasyl Lemak, Oleg Pervomayskyi and Special Advisor of the Constitutional Court of Ukraine, Judge of the Polish Constitutional Tribunal (2007–2016) Mirosław Granat, underlined the need for clear, well-justified and understandable arguments in the opinions for their effective use in delivering decisions.
The participants of the session “Institutionalization of the Dialogue with the Legal Community: the Role of the Scientific and Advisory Council of the Constitutional Court of Ukraine” pointed out the importance of bilateral dialogue between the legal community and the Constitutional Court of Ukraine, and emphasised that legal opinions are an important tool for making well-justified decisions. They discussed the criteria for forming the composition of the Scientific and Advisory Council and the mechanisms for engaging experts to prepare opinions in cases pending before the Court. The participants of this discussion were: Judge of the Constitutional Court of Ukraine Serhiy Riznyk, Judge of the Constitutional Court of Ukraine and Chair of the Standing Commission on Scientific Support Oksana Hryshchuk, and the Head of the Scientific and Advisory Council of the Constitutional Court of Ukraine Iurii Barabash.
The event was moderated by Senior Project Associate of the OSCE Support Program for Ukraine Oleksandr Vodiannikov, Professor of Uzhhorod National University Mykhailo Savchyn, and Olena Boryslavska Head of the Constitutional Law Department at the Ivan Franko National University of Lviv.
In conclusion, the participants stated that the workshop had become an effective platform for sharing experience and establishing a dialogue between Judges, the legal community and international experts. They emphasised the importance of further developing the mechanisms for using amicus curiae as a tool to improve the quality and substantiation of Court decisions.
