Venice Commission: "Parliament and the executive must respect the role of the Constitutional Court as "gatekeeper" of the Constitution and need to implement its decisions"
On December 9, 2020, the European Commission for Democracy through Law (Venice Commission) together with the Directorate General of Human Rights and Rule of Law of the Council of Europe issued an Urgent Joint Opinion on the legislative situation regarding anti-corruption mechanisms following the Constitutional Court's Decision No.13-r/2020 of October 27, 2020.
The Constitutional Court of Ukraine treats the opinions of the Venice Commission with a great respect.
The principles of separation of powers and mutual respect between branches of government are enshrined in the Constitution of Ukraine. The Decision of the Constitutional Court of Ukraine No.13-r/2020 of October 27, 2020 and this Opinion state that the fight against corruption is an important element in a state governed by the rule of law, as well as the respect for the constitution and constitutional justice.
The Venice Commission stressed that the principle of separation of powers presupposes, in particular, that the parliament and the executive should respect the role of the Constitutional Court of Ukraine as the "gatekeeper" of the Constitution of Ukraine, as well as implement its decisions.
The Opinion emphasizes that despite the ambiguous perception of the CCU's decision, the constitutional role of the Constitutional Court must be respected and the Verkhovna Rada of Ukraine must implement its Decision by interpreting it in light of the Constitution of Ukraine and applicable international standards.
The European Commission for Democracy through Law (Venice Commission) noted that it remains at the disposal of the Ukrainian authorities for further assistance in matters of implementing the rule of law principle.
