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

By Online Editor -
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.

Comments

Post a Comment

Popular posts from this blog

Dissecting the vote: Zakarpattia and Ternopil

By Online Editor -
Two interesting outcomes in the final round vote that have not been widely discussed in the English media is the outcome in Zakarpattia and Ternopil. We are not sure if it has been been discussed in the Ukrainian media 1. Viktor Yanukovych was the highest polling candidate in Zakarpattiia previsoully Our Ukraine/Yushchenko were the highest. (See 2004,2006 and 2007 election results ) District 74 місто Берегове (Beregove - a Hungarian community located near the border) 2. The other interesting observation is that Yanukovych actually went backwards between the first round and the second round in Ternopiil.  In the first round Yanukovych received 6354 (0.26% of the national vote) in the second final round, with less number of candidates, Yanukovych recorded only 5370 (0.21% of the national vote)  Why Yanukovych went backwards in the second round is any ones guess but we think this  would make interesting reading.
<Additional Information>

Averting a Post-Orange Disaster - Andreas Umland

By Online Editor -
"As Ukraine's economic, social and political crisis sharpens, more and more Ukrainians may question the wisdom of conducting a costly presidential election when the Ukrainian state is almost bankrupt--if not on the brink of collapse." Constitutional Reforms and Political Stability in Ukraine by Dr. Andreas Umland Source: Harvard International Review June, 2009 After several years of impressive economic growth and encouraging political change, Ukraine has recently entered troubled waters. The democracies west of Ukraine are institutionally consolidated and internationally embedded enough to circumscribe the political repercussions of their so far relatively mild economic contractions. While being hit almost as hard as Ukraine by the world financial crisis, Russia has managed to build considerable financial reserves thanks to the enormous cash inflow into her state budget during the years of rocketing energy prices, allowing her to soften the social repercussions of the eco...
<Additional Information>

History repeats: Victor Yushchenko interferes with Ukraine's judicial process.

By Online Editor -
The Kyiv Administrative court has issued a injunction suspending the Presidents decree dismissing Ukraine's democratically elected parliament. In what is reminiscent of events unfolded last year, Victor Yushchenko has again interfered with the independence of Ukraine's judiciary . In April 2007 the Parliamentary Assembly of the Council of Europe ( PACE ) passed a resolution in consideration of a report titled Functioning of democratic institutions in Ukraine . (Items 13 and 14) stated: “The Assembly deplores the fact that the judicial system of Ukraine has been systematically misused by other branches of power and that top officials do not execute the courts’ decisions, which is a sign of erosion of this crucial democratic institution. An independent and impartial judiciary is a precondition for the existence of a democratic society governed by the rule of law." The associated explanatory report under the sub-heading of Pressure on the courts expressed concern that ...
<Additional Information>