Meeting of the Chairman of the Constitutional Court of Ukraine S. Shevchuk with the Secretary of the European Commission for Democracy through Law T. Markert
On March 20, 2018 the Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk held a meeting with the Secretary of the European Commission for Democracy through Law (Venice Commission) Thomas Markert.
The event was attended by Judge of the Constitutional Court of Ukraine Serhii Holovaty, Project Manager of the Council of Europe Office in Ukraine Serhii Tkachenko and the management of the Secretariat of the Constitutional Court of Ukraine.
During the meeting, the parties discussed topical issues of cooperation between the Constitutional Court of Ukraine and the European Commission for Democracy through Law, in particular, in the area of expert-analytical and information support of the Court.
The Chairman of the Court Stanislav Shevchuk stressed that the Constitutional Court of Ukraine continues to experience changes related to the implementation of the Law of Ukraine "On the Constitutional Court of Ukraine". He emphasised that constitutional reform is a necessary step for the establishment of Ukraine as a European state and the development of constitutional justice, one of the results of which is the introduction of a constitutional complaint institute. According to the Chairman of the Constitutional Court, this mechanism will become an effective remedy for protecting human and citizen’s fundamental rights and freedoms. Stanislav Shevchuk stressed that the way for consideration of constitutional complaints is open, as the Court had approved the Rules of Procedure, formed Senates and Boards.
The Chairman of the Constitutional Court dwelt upon the fact that the Constitutional Court of Ukraine faces many challenges, including increasing confidence under conditions of the necessity to consider constitutional complaints.
S. Shevchuk also noted that in order to fully implement the constitutional complaint in Ukraine, the Constitutional Court must also respect the norms of international law and the ECHR case-law. He added that the Constitutional Court of Ukraine in its acts had already established the doctrine of friendly treatment to international law.
The judge of the Constitutional Court of Ukraine Serhii Holovaty echoed Stanislav Shevchuk, Chairman of the Constitutional Court, and emphasised the importance of implementing international standards in the work of the body of constitutional jurisdiction in Ukraine. He also noted that the introduction of constitutional complaint is a new challenge facing the Constitutional Court of Ukraine.
Secretary of the European Commission for Democracy through Law Thomas Markert stressed that the Venice Commission is monitoring developments in the Constitutional Court of Ukraine and welcomes the fact that the Constitutional Court becomes open and European. He emphasised the importance of applying European experience in the jurisprudence of the Constitutional Court of Ukraine, in particular, when considering constitutional complaints.
The interlocutors also discussed the introduction of the mechanism of the special adviser in the Constitutional Court of Ukraine. Stanislav Shevchuk stressed the importance of introducing this institute and emphasised that in this way the Constitutional Court of Ukraine would be able to strengthen its institutional capacity.
At the end of the meeting, the Chairman of the Constitutional Court noted that the Constitutional Court of Ukraine is open to cooperation and needs to be supported by the international organisations, in particular by the European Commission for Democracy through Law.
During the meeting, the parties discussed other topical issues of judicial reform and strengthening the independence of the judiciary. The interlocutors agreed on further cooperation in order to strengthen the independence of the Constitutional Court of Ukraine.
