The delegation of the Constitutional Court of Ukraine composed of judges of the Constitutional Court of Ukraine Viktor Gorodovenko (Head of the delegation) and Galyna Yurovska visited the Republic of Moldova. During this visit, important events took place aimed at strengthening inter-institutional cooperation, exchange of experience and enhancing dialogue between the constitutional jurisdictions of both countries.
On 22 May, a delegation of the Constitutional Court of Ukraine held a bilateral meeting with the President and judges of the Constitutional Court of the Republic of Moldova.
The parties noted many years of fruitful cooperation based on the common values of the democracy, the rule of law and respect for human rights. They stressed the importance of constant exchange of experience in the field of constitutional justice, in particular in the context of new challenges and threats.
The judges of the Constitutional Court of Ukraine expressed their sincere gratitude to their colleagues from the Republic of Moldova for their consistent support of Ukraine in countering Russian armed aggression, as well as for their solidarity in defending the sovereignty, territorial integrity and democratic system.
The participants discussed recent decisions, exchanged information on developments in the work of the courts, mechanisms of constitutional control in crisis situations, protection of human rights during the state of emergency, as well as challenges related to the adaptation of national legislation to European standards.
As part of the visit, the delegation of the Constitutional Court of Ukraine met with Ambassador Extraordinary and Plenipotentiary of Ukraine to the Republic of Moldova Paun Rohovei to discuss cooperation between the authorities, Moldova's progress towards EU membership and the challenges the country faces on this path.
On 23 May, judges of the Constitutional Court of Ukraine Viktor Gorodovenko and Galyna Yurovska took part in the international conference “Contemporary challenges in the activity of european constitutional courts”, held on the occasion of the 30th anniversary of the Constitutional Court of the Republic of Moldova.
The event was opened by the President of the Constitutional Court of the Republic of Moldova Domnica Manole, Prime Minister of the Republic of Moldova Dorin Recean, Deputy Head of Delegation, Head of the Political, Press and Information Section, EU Delegation to the Republic of Moldova Máté Csicsai, Director of Human Rights, Directorate General Human Rights and Rule of Law, Council of Europe Clare Ovey, Member of the European Commission for Democracy through Law (Venice Commission) Eirik Holmøyvik.
The panel discussions, moderated by Head of Unit, Co-operation Programmes Division, Directorate General Human Rights and Rule of Law, Council of Europe Mariana Chicu, and Judge of the Constitutional Court of the Republic of Moldova Liuba Șova , included presentations and discussions on the role of constitutional courts in the context of modern challenges.
Judge of the Constitutional Court of Ukraine Galyna Yurovska spoke at the conference and congratulated her colleagues from the Constitutional Court of the Republic of Moldova on the 30th anniversary of the Court's foundation, wishing them further strengthening of institutional capacity and development of constitutional justice.
During the event, Galyna Yurovska presented a report on “The supremacy of the Constitution and Institutional resilience under martial law: the experience of the Constitutional Court of Ukraine”, in which she reminded that constitutional courts play a crucial role in upholding the rule of law, ensuring constitutional principles and protecting human rights even in the face of the most serious challenges, one of which is war. In such circumstances, the experience of the Constitutional Court of Ukraine, which has demonstrated institutional resilience and adapted to martial law, is valuable, continuing to uphold constitutionalism and the rule of law.
The speaker noted that one of the key responsibilities of the Constitutional Court of Ukraine is to review the constitutionality of restrictions imposed under martial law, which must be justified, proportionate and consistent with the essence of these rights. She also noted that during the period of martial law, a fair balance between public interests and individual rights must be ensured. In support of this thesis, the author cited legal positions from the decisions of the Constitutional Court of Ukraine adopted during the period of martial law.
Judge Galyna Yurovska stated that this practice of the constitutional jurisdiction in Ukraine sets an important precedent for future cases on the protection of rights in emergency situations.
The report also notes that the Constitutional Court of Ukraine in its decisions pays due attention to potential risks and dangers that are important for the functioning of Ukrainian statehood.
In particular, the risks to national security posed by religious organisations associated with the state that carries out armed aggression against Ukraine are considered (Decision of 27 December 2022 No. 4-r/2022), and the importance of the language issue, which has long been used as a tool in the hybrid war of the Russian Federation against Ukraine, is emphasised (Decision of 14 July 2021 No. 1-r/2021).
A separate set of issues covered in the decisions of the Constitutional Court of Ukraine concerns vulnerable categories of citizens and the need for their social protection.
According to Galyna Yurovska, the Constitutional Court of Ukraine plays a vital role in harmonising Ukraine's legal system with EU law, strengthening Ukraine's European integration, as reflected in the Decision No. 9-r(ІІ)/2023 dated 1 November 2023.
Galyna Yurovska concluded that even in the most difficult times, the Constitutional Court of Ukraine demonstrates institutional stability and loyalty to the principle of the rule of the Constitution of Ukraine. This unwavering commitment is strengthened by the support of the European community and the deepening cooperation between constitutional courts across Europe.
Speeches and presentations at the conference were also made by: Judge of the Court of Justice of the European Union “The Rule of Law of the European Union and the National Identity of the Member States” Octavia Spineanu-Matei, Member of the European Commission for Democracy through Law (Venice Commission) Eirik Holmøyvik, Head of the Democratisation Department of ODIHR Konstantine Vardzelashvili, Director for International Relations, Liaison Officer of the Venice Commission of the Constitutional Court of the Republic of Austria Ralf Böckle, Honorary Professor at the University of Paris 1 Pantheon-Sorbonne Member of the Venice Commission Bertrand Mathieu, Vice-President of the Constitutional Court of the Czech Republic Kateřina Ronovská, President of the Civil Chamber of the Supreme Court of the Republic of Estonia Kaupo Paal, Judge of the Constitutional Court of the Republic of Moldova Nicolae Roşca, Minister of Justice of the Republic of Moldova Veronica Mihailov-Moraru, Judge of the Constitutional Court of the Republic of Latvia Jautrīte Briede, Former President of the Constitutional Court of the Republic of Moldova (2011-2017) Alexandru Tănase.
Former judge, First Plenum of the Constitutional Court of the Republic of Moldova Nicolae Osmocescu (1995-1998) delivered a speech on the occasion of the 30th anniversary of the Constitutional Court of the Republic of Moldova.
