Friday, April 27, 2007

Constitutional Court abandons Court case following cancellation of President's original decree

Update: 28/4/2007. Recent reports have indicated that Ukraine's Constitutional Court has not decided on its actions in respect to its ruling on the President's first decree. It is expected that the Court will make an announcement early next week. Meanwhile 160 Members of Parliament have lodged an appeal against the President's second decree dated April 26 which is also before the Constitutional Court awaiting their consideration.

Ukraine's Constitutional Court has withdrawn consideration of the Government appeal following the President's cancellation of his original April 2 decree dismissing parliament.

The President's has withdrawn his original decree, which was under review by Ukraine's Constitutional Court on appeal by the Government, and has issued a second decree calling for new parliamentary elections to be held on June 24.

The latest move by the President is seen as a means of the President to avoid accountability or ruling by Ukraine's highest court on the legality of his actions. Most political commentators were opinion that the Court was about to rule against the president and declaring his original decree unconstitutional. As the original decree is no longer in force the Constitutional Court can no longer consider the issue.

The Government have lodged a fresh appeal against the president newest decree claiming which will need to be considered a fresh.

Both the President and the Government had earlier agreed to abide by the decision of the Constitutional Court on the question of legality of the president's decree.

The President's actions in seeking to avoid the ruling of the court has only prolong the current political crisis and exacerbated tensions in Ukraine. There was no reason or justification why the president could not have waited until the Court had ruled on his first decree before having acted to reschedule and proposed election.

Meanwhile the government has stepped up its campaign by calling on the president to resign and to face re-election and seek renewal of his mandate by holding joint presidential and parliamentary elections.

It is unlikely that any further compromises will be reached with claims that the president has not acted in good faith or interest of providing stability and rule of law in Ukraine.