"An effective national mechanism for the legal protection of human rights should be introduced as part of the implementation of the institute of an individual constitutional complaint", – Serhiy Holovaty
On July 31, the Deputy Chairman of the Constitutional Court of Ukraine Serhiy Holovaty took part in International Workshop "Legal Consequences of Declaring a Normative Act Unconstitutional for the Protection of Human Rights in Administrative Proceedings", held in video conferencing mode.
Judges of administrative and constitutional jurisdictions of Ukraine, judges of the Court of Justice of the European Union, chairmen and judges of constitutional and administrative courts of Austria, Croatia, Georgia, Germany and Poland were the speakers of the event.
During his speech, Serhiy Holovaty stressed that the institute of individual constitutional complaint was recently introduced into the national legal system. The national legal tradition of implementing this institute is just being developed. Therefore, he noted that it is necessary to introduce its effective implementation within the national constitutional order.
According to the CCU Judge, when appealing to the Constitutional Court of Ukraine with a constitutional complaint, a person seeks for effective protection of his /her right, which is guaranteed by the Constitution of Ukraine. "A person who has lodged a complaint with the Court and, in accordance with its decision, received confirmation that a human right has been violated as a result of the application of an unconstitutional norm, should be entitled to renewal of rights in one way or another retrospectively (ex tunc). If the Constitutional Court in such cases invalidates the norm of law only for the future (ex nunc), the case of a person cannot be considered resolved. This is a unique case when the retrospective effect of the decision 
of the Constitutional Court allows the institute of constitutional complaint to achieve the goals and purposes stipulated by the rule of law imperative – to be an effective national remedy for the rights of a particular person", – the speaker said.
During the event, participants also discussed the problematic issues of implementation of the section of the Code of Administrative Procedure of Ukraine, which envisages review of decisions in exceptional circumstances due to the unconstitutionality of the normative act.
The workshop was organized by the Cassation Administrative Court within the Supreme Court with the support of the EU Project "Law-Justice", the Council of Europe Project "Internal Relocation in Ukraine: Development of Long-Term Decisions", the Council of Europe project in Ukraine "Supporting Constitutional and Legal Reforms, Constitutional Justice and assisting the Verkhovna Rada in carrying out reforms aimed at improving its effectiveness", the OSCE Project Co-ordinator in Ukraine, the German Foundation for International Legal Cooperation, and the Ukrainian-Canadian Judicial Reform Support Project.
