VENICE COMMISSION WORKING GROUP TO VISIT UKRAINE

19.10.10


Last week we reported that during its 84th plenary session, the Venice Commission would additionally be looking at the constitutional situation in Ukraine following the recent decision by the Constitutional Court annulling the 2004 constitutional amendments.

According to a report by the Ukrainian News Agency, the Chair of Ukraine’s parliamentary committee on the administration of justice, Serhii Kivalov, has said that the Venice Commission “has decided to consider the issue of the constitutional situation in Ukraine at its next meeting in mid-December... All issues relating to governmental institutions will be raised." 

On Sunday evening Ukraine’s First National TV Channel («Перший») reported that the Venice Commission will not be delivering an opinion on the legality of the Ukrainian Constitutional Court’s ruling but that it will make its conclusions known on several related issues. 

The Secretary of the Venice Commission, Tomas Markert  said in an interview on the programme that the Commission cannot question the authority of Ukraine’s Constitutional court.  However a working group of the Venice Commission will visit Ukraine to discuss the possible consequences of the Constitutional Court’s ruling. The group will study the implications of the Court’s judgment and will then draw up its proposals on how to safeguard the legitimacy of today’s governing authorities.

In a final reply to a question on elections, Mr Markert said:  “I have the impression that the Ukrainian government is ready to cooperate with the Commission and that it will do so. Therefore, there is no point in asking what will happen if Ukraine does not comply with the recommendations of the Commission. Generally speaking, Ukraine is not bound by any of our recommendations.  However, the Council of Europe and the European Union attach great importance to the issue of whether or not a country complies with the recommendations of the Venice Commission.”



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