Wednesday, October 06, 2010

Notes: On the PACE of Democratic Reform

I would not hold out much hope coming out of PACE.  They have in the past seriously compromised their position and in doing so have contributed to much of the instability and situation facing Ukraine today. (Most notably was their silence on the abuse and violation of Ukraine's Constitutional order in 2007 when Yushchenko illegally interfered with the independence of the Courts to prevent them from overturning his attack on Ukrainian democracy and the dismissal of Ukraine previous parliament)

Much of what PACE has stated is worthy of serious consideration BUT will PACE follow through with these issues or will they like last time turn a blind eye top the misuse and abuse of authority.


Other issues they need to serious consider but not mentioned is the need for the EU to free up visa restrictions imposed on Ukraine (A closer and integrated association with the EU is long overdue,

Freeing up the Visa requirements is fundamental to building a closer relationship between the EU and Ukraine the other issue they should implement is the drafting of a model constitution that they think should be used as a precondition for consideration of EU membership.  Such a model could also be used for existing member states to reflect on when they pursue constitutional reform and standardisation of EU laws and regulations.


With that in mind the following points are of interest and worth noting. (Read into them what you will)


2. The Assembly reiterates that the only manner in which lasting political stability can be ensured is through constitutional changes that establish a clear separation of powers, as well as a proper system of checks and balances between and within the executive, legislative and judicial branches of power.

3. Noting the concerns expressed with regard to the concentration of power by the new authorities in Ukraine, the Assembly considers that the consolidation of power by a newly established administration is understandable, and in many cases even desirable, but warns that such consolidation should not lead to the monopolisation of power by a single political force, as this would undermine the democratic development of the country.

...


7. The different areas that are covered by the recent reform initiative have already been extensively addressed by the Assembly in previous resolutions dealing with Ukraine. Reaffirming its position on these reforms, the Assembly, with regard in particular to:

7.1. Electoral reform:

...
7.1.2. considers that electoral reform should not only entail the adoption of a new election code but also of a new electoral system, and reaffirms its recommendation that an electoral system be adopted that consists of a proportional system based on open lists and multiple regional constituencies;
...
7.3. Reform of the justice system:

7.3.1. considers that the reform of the judiciary and justice system is essential for the consolidation of the rule of law in Ukraine and welcomes the priority given by the authorities to these reforms;


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