Interfax-Ukraine
11:00 02.11.2020

Council of Europe warns dismissal of Constitutional Court's judges to violate Constitution – letter to Razumkov

2 min read
Council of Europe warns dismissal of Constitutional Court's judges to violate Constitution – letter to Razumkov

The Council of Europe warns that the possible termination of the powers of judges of the Constitutional Court of Ukraine would be a "flagrant violation" of the country's constitution and urge to consider other options to resolve the current situation.

This is discussed in a letter from GRECO President Marin Mrčela and Venice Commission President Gianni Buquicchio addressed to Chairman of the Verkhovna Rada of Ukraine Dmytro Razumkov, dated October 31, the text of which was sent to the Interfax-Ukraine agency.

"Terminating the mandate of the judges is in blatant breach of the Constitution and of the fundamental principle of separation of powers. Violating the Constitution, even if for an arguably good cause, cannot lead to a culture of constitutionalism and respect for the rule of law, which the fight against corruption pursues. We appreciate that you are facing a very serious challenge, and we do not underestimate the need for timely, firm and decisive action. We urge you nonetheless to consider the adverse, profound and long-term implications for your country of a possible rushed decision to dismiss the constitutional justices," the officials said in the letter.

In this regard, the signatories "encourage Razumkov to explore possible alternative ways of ensuring that the fight against corruption in line with international standards remains a priority for your country."

"GRECO [Group of European Countries Against Corruption] will continue its monitoring of Ukraine's compliance with the international anti-corruption standards. The Venice Commission and the Council of Europe as a whole stand ready – by the way of urgency but with the time necessary to carry out a thorough analysis of the options – to assist you in devising concrete solutions to address the current situation," Mrčela and Buquicchio said.

As reported, the Constitutional Court issued a decision dated October 27, which recognized the powers of the National Agency on Corruption Prevention (NACP) to control and verify declarations, open round-the-clock access to the register of declarations, monitor lifestyle, as well as a number of provisions of the law of Ukraine on the prevention of corruption. Head of the NACP Oleksandr Novikov said that the agency, due to the decision of the Constitutional Court, on the evening of October 28, closed the register of electronic declarations.

AD
AD