The Chairman of the Constitutional Court of Ukraine took part in the International Conference in the Slovak Republic

 

On April 8 - 10, 2013 upon invitation of the President of the Constitutional Court of the Slovak Republic Mrs. Ivetta Macejková Chairman of the Constitutional Court of Ukraine Mr. Anatolii Holovin paid a visit to the city of Košice (the Slovak Republic) and took part in the International Conference “The position of constitutional courts and their influence on the legal order of the state” and solemn events dedicated to the 20^th anniversary of the Constitutional Court of the Slovak Republic.

The conference was attended by judges of the Constitutional Court of the Slovak Republic, judges of the Court of Justice of the European Union, the European Court of Human Rights, President of the European Commission for Democracy through Law (Venice Commission) Mr. Gianni Buquicchio, Chairpersons and judges of the bodies of constitutional jurisdiction of Austria, Azerbaijan, Croatia, Czech Republic, Hungary, Macedonia, Montenegro, Romania, Russia, representatives of government and academic institutions of the Slovak Republic, international experts in the field of law.

During the international conference Mr. Holovin delivered a report on “The influence of decisions of the Constitutional Court of Ukraine on the legal order of the state in terms of the protection of constitutional rights and freedoms”. In particular, he stressed the importance of this discussion, since the term “legal order” implies aspects of the legal and moral and ethical character, as well as interests of the State and individual members of society.

Mr. Chairman drew attention to some characteristic features of the Constitution of Ukraine, and emphasised that according to the Fundamental Law of Ukraine one of the duties of the Ukrainian State is to ensure the human and citizens’ rights and freedoms. Mr. Holovin mentioned that in order to implement this crucial national goal the Constitution of Ukraine actually provides the creation of complex state mechanism to protect human and citizens’ rights and freedoms, an important component of which is the Constitutional Court of Ukraine. He pointed out that the main task of the sole body of constitutional jurisdiction is to ensure the supremacy of the Constitution throughout the State.

In his speech Mr. Chairman analysed in detail the constitutional powers and legal effect of the acts of the Constitutional Court of Ukraine on the territory of Ukraine, the impact of its decisions on the process of legal regulation in the State, raised some doctrinal positions of the Constitutional Court of Ukraine. Mr. Holovin noted that the adoption of the decisions of the Constitutional Court of Ukraine is often preceded by the clarification of common legal principles and specific human rights in the international law and the relevant judicial practice. In particular, the Constitutional Court of Ukraine referred to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and other relevant acts of international law, acts of the European institutions, and case-law of the European Court of Human Rights.

Moreover, Mr. Holovin stated that in recent years the Constitutional Court of Ukraine has significantly strengthened its activities related to consideration of constitutional appeals of citizens, and, accordingly, the number of decisions in cases upon such appeals increased significantly.

This shows the willingness of Ukrainian citizens not only to know their constitutional rights and freedoms, but also to use all effective means of struggle for their rights, including the mechanism of constitutional justice, said Chairman Holovin. However, he added, there are facts of non-compliance with the decisions of the Constitutional Court of Ukraine, which indicates a low level of legal culture in the State and society. Mr. Holovin summed up that to solve this problem a systemic work aimed at improving the level of legal awareness and the formation of public respect for the Constitution of Ukraine and laws is required.

The participants also discussed the thematic reports concerning the status of the constitutional courts, their powers, the characteristics of constitutional justice, the formation of judicial constitutionalism others.

After the International Conference the host party held solemn events dedicated to the anniversary of the Constitutional Court of the Slovak Republic with the participation of the top officials, including the President of the Slovak Republic Mr. Ivan Gašparovič, the Speaker of the National Council of the Slovak Republic Mr. Pavol Paška, Prime Minister of the Slovak Republic Mr. Robert Fico, Minister of Justice, General Attorney of the Slovak Republic and other high-ranking participants.

During the solemn events Chairman Holovin took part in the official opening of the new session chamber of the Constitutional Court of the Slovak Republic.

Besides, Mr. Holovin attended the ceremony of conferment of the title “Doctor honoris causa” of Pavol Jozef Šafárik University in Košice to the President of the Venice Commission Mr Gianni Buquicchio.

During his visit, Chairman Holovin held a series of meetings with foreign colleagues, during which the parties discussed issues of improving the protection of human and citizens’ rights and freedoms by bodies of constitutional jurisdiction, and current topics for further scientific and research co-operation of constitutionalists at the international level.