Participation of the delegation of the Constitutional Court of Ukraine in professional discussions on constitutional complaint

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Participation of the delegation of the Constitutional Court of Ukraine in professional discussions on constitutional complaint

 

 

Delegation of the Constitutional Court of Ukraine composed of judges SerhiiVdovichenko, Oleksandr Tupytskyi, Natalia Shaptala, First Deputy Head of the Secretariat of the Constitutional Court of Ukraine Larysa Biriuk and Head of the Office of the Chairman of the Constitutional Court of Ukraine Maryna Arshevska took part in the professional discussions on the constitutional complaint, the ratio of social law and constitutional rights, held on November 29 – December 3, 2015 in Bonn, Germany.

The visit was organised by the German Foundation for International Legal Cooperation (IRZ), which regularly assists in holding Ukrainian-German meetings on constitutional and legal issues and exchange of scientific and methodological experience.

During the visit, the delegation of the Constitutional Court of Ukraine met with the Director of the German Foundation for International Legal Co-operation (IRZ) Dr. VeronikaKeller-Engels, Deputy Director of the German Foundation for International Legal Co-operation (IRZ) Dr. Stefan Hülshörster and held working meeting with German experts – former judge of the German Federal Constitutional Court Dr. Dieter Hömig, Dr. Matthias Hartwig (Max Planck Institute for Comparative Public Law and International Law, Heidelberg), President of the Constitutional Court and of the Higher Administrative Court of the Federal State of Rheinland-Pfalz Dr. Lars Brocker, judge of the of the Constitutional Court and of the Higher Administrative Court of the Federal State of Rheinland-Pfalz Dagmar Wunsch, judge of the Administrative Court of Koblenz, research officer at the Constitutional Court of the Federal State of Rheinland-Pfalz Dr. Christoph Stieber.

The program of the visit included several working sessions during which important issues concerning the introduction of constitutional complaint in Ukraine, which is to become a reliable guarantee of public access to the constitutional justice were discussed; organisation and improvement of work of the Constitutional Court of Ukraine with regard to the given innovation were also addressed.

In the legal system of Germany the institute of constitutional complaint has been operating effectively for many years as well as in other countries including Austria, Poland, Hungary, Czech Republic, Switzerland and others. The essence of this institution implies the right of individuals and legal persons to apply to bodies of constitutional control with a complaint regarding the constitutionality of laws and other legal acts which infringe or restrict constitutional rights and freedoms. Ukrainian delegation acknowledged that the introduction of such an institute in Ukraineneeds professional discussion and thorough study of international experience.

During the first working session with German constitutionalists, judge of the Constitutional Court of Ukraine Natalia Shaptala, on behalf of the Constitutional Court of Ukraine and the Ukrainian delegation, greeted all the participants and informed about the progress of the amendments to the Ukrainian legislation. In particular, the draft law on amendments to the Constitution of Ukraine on the judiciary, according to which every citizen shall be guaranteed the right to appeal with a constitutional complaint to the Constitutional Court of Ukraine and the expected amendments to the Law of Ukraine “On the Constitutional Court of Ukraine” related to the implementation of constitutional complaint were discussed.

During the first working session, judge of the Constitutional Court of Ukraine Oleksandr Tupytskyi delivered a report on “The state of constitutional reform in Ukraine, particularly in terms of future introduction of constitutional complaint”. In his speech, he touched upon the problems of implementation of constitutional provisions which are to be developed in the law, namely: the order of appeal to the Constitutional Court of Ukraine with the constitutional complaint, admissibility criteria, the procedure for its consideration, and specifics of enforcement of decisions of the Constitutional Court of Ukraine adopted upon the results of examination of constitutional complaints.

The speaker also outlined the number of issues that require urgent research –determination of the optimal organisational structure of the Constitutional Court of Ukraine to ensure effective consideration of constitutional complaint, the need for a legislative definition of the notion “exhaustion of domestic measures of legal protection”, regulation of the conflict of competence of the Constitutional Court of Ukraine and courts of general jurisdiction, including the Supreme Court of Ukraine in case of the dispute regarding the constitutionality of the norm of a law of Ukraine, which is to be applied by the court.

During the discussions introduction of constitutional complaint in Ukraine, ensuring an individual access to the constitutional justice were dwelt upon.

In this regard, Judges of the Constitutional Court of Ukraine Serhii Vdovichenko and Natalia Shaptala emphasised on the need of legislative consolidation of grounds for appeal to the Constitutional Court of Ukraine with a constitutional complaint and admissibility criteria for consideration of such complaint.

The judges were also interested in the jurisprudence of the Federal Constitutional Court of Germany on the definition of constitutionally permissible discretion of the limitation by the legislator of social rights of citizens (e.g. to reduce pensions, benefits for temporary disability, etc.).

Presentations and questions of the Ukrainian delegation aroused great interest and a lively discussion on the part of the German colleagues.

The next day a meeting of judges of the Constitutional Court of Ukraine with judges and scholars of the Higher Administrative Court of the Federal State of Rheinland-Pfalz took place.

At this meeting Oleksandr Tupytskyi made a report, which outlined a range of issues on the implementation of the constitutional complaint in Ukraine. Given the results of the first working day, judges of the Constitutional Court of Ukraine raised a number of issues concerning the raised problems.

Heads of the relevant units of the Constitutional Court of Ukraine Larysa Biriuk and MarynaArshevska also participated actively in the discussion of problematic issues and developing their solution.

The German colleagues, in view of their own experience, made recommendations and suggestions particularly regarding the improvement of the Constitutional Court of Ukraine in case of introduction of the institute of constitutional complaint, ensuring effective access to the constitutional justice.

At the end of professional meetings the delegation of the Constitutional Court of Ukraine and representatives of the German side exchanged gifts. The Ukrainian delegation was presented with a scientific work “The Constitution of the Federal State of Rheinland-Pfalz” (the scientific comment) which was given to the Library of the Constitutional Court of Ukraine.