Friday, May 11, 2007

Yushchenko sackes 3rd Constitutional Court Judge raising serious concerns about the independence of the Ukraine's highest Court

Victor Yushchenko has threatened on Thursday to summon Ukraine's security council to break the deadlock. Once again escalating the Ukrainian political crisis.

The
dismissal of a third Constitutional Court Judge is seen as a direct attempt by the President to avoid accountability and review of his earlier decrees top dismiss Ukraine's Democratically elected Parliament The Constitutional Court was expected to announce its decision on the legality of the Presidents decree tomorrow. The interference of the Presidents has seriously undermined confidence in the Courts deliberations and the rule of law in Ukraine. Both the EU and Russia have adopted a stand back and watch approach stating that Ukraine should find a way to resolve this crisis by itself.

Late last week there was hope that the crisis would come to an end with the prime minister agreeing to the holding of early election before the end of the year. The government had previously advocated joint Presidential and Parliamentary elections to he held in October 2007 allowing a clean sweep of both arms of power, Victor Yuschenko who signed a decree on April 2 and again on April 26 has rejected the cal for his resignation and fresh Presidential elections to end the dead lock.

The deadlock and potential collapse of the agreement has come following the refusal of the President to accept an October election date. Victor Yushchenko and the opposition are pushing for a snap poll and elections to be held during Ukraine's summer holiday break.

Under Ukraine's constitution (Article 90^3) the President can legality force fresh elections following 30 days of the Parliament being unable to form a statutory quorum at its next parliamentary session which begins in September this would mean that election would have to be held in November at the latest.

Russia has indicated that it will assist Ukraine if it is asked to assist. Europe is yet to respond.

2 Comments:

Nick said...

well - it seems he will go on dismissing judges till he gets a court verdict that he likes -
what a democratic President !

Online Editor said...

I don;t think he will sack anymore as he has run out of judges he can sack. Those that remain as part of the President's quota are all appointed by him. I do not think the Court can make a ruling without backing it up by legal argument which would be difficult to do unless they rule against the president. I would expect that the Court will opt for not making a ruling at all. That way they are not held accountable and subject to criticism from the European Council Venice Commission who are watching the outcome very closely. Yes this is a test case that Yushchenko can not afford to lose.