Wednesday, April 11, 2007

PACE Venice Commission should be called on to make a submission to Ukraine's Constitutional Court

The Parliamentary Assembly of the Council of Europe (PACE) President, René van der Linden, on April 3 the day following President's decree dismissing Ukraine's democratically elected Parliament stated

"The Parliamentary Assembly views the current political developments in Ukraine with great concern. The situation that has emerged needs to be resolved in full compliance with the Constitution of Ukraine, and through the legal avenues it offers, as well as through a constructive dialogue between all political forces represented in the Parliament."

"In a state governed by the rule of law, disagreements over the interpretation of the Constitution must be solved in accordance with the existing legal procedures."

Mr van der Lindened offer support and assistance to Ukraine in helping resolve this current political crisis. One suggestion made was that the Venice Commission could as a matter of urgency review the current situation in Ukraine and if called upon could make a submission to Ukraine Parliament and or Constitutional Court on the legality of the President's decree.

Under the current circumstances with Ukraine's Constititional Court facing the possibility of a deadlock and internal paralysis a legal assessment and submission from PACE Venice Commission could assist Ukraine reslove this crisis.

If a political agreement can not be reached then ultimately the decision will rest with Ukraine's Constitutional Court. A report and submission by the Venice commission could prove useful and beneficial to the Court's deliberations.