Delegation of the Constitutional Court experts got acquainted with the work of the highest court instances in Germany and the European Court of Human Rights

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Delegation of the Constitutional Court experts got acquainted with the work of the highest court instances in Germany and the European Court of Human Rights

 

On November 9-13, 2014 a delegation of the Constitutional Court Secretariat paid a working visit to the Federal Republic of Germany to study the expertise of the Federal Constitutional Court of Germany and that of the highest court instances and institutions of justice. The visit was organised by the German Foundation on International Legal Cooperation (IRZ), a longtime partner of the Constitutional Court of Ukraine, which provides assistance in organising regular Ukrainian and German meetings on constitutional and legal issues as well as in fruitful exchange of scientific and methodological experience on the level of the staff of bodies of constitutional jurisdiction of the two countries.

The Ukrainian delegation included experts from the Expert and Legal Department of the Secretariat of the Constitutional Court of Ukraine Oleksandra Bukhtiyarova, Tetiana Korzh, Lenina Chumak and assistants to judges of the Constitutional Court of Ukraine Tetiana Blaschuk, Tetiana Karnaukh and Olga Oreshkina. During the visit the lawyers visited the Federal Constitutional Court of Germany, located in Karlsruhe, where they held talks on the Court’s organisation and the activities of its research officers. From the German side, the meeting was attended by the judge of the Federal Constitutional Court of Germany WilhelmSchluckebier, research officers Torsten Erbek, Andrew Nisler and Friedrich Schutter.

The German experts informed Ukrainian colleagues about the requirements and procedures for the preparation of expert opinions on constitutional complaint, approaches to define sufficient legal substantiation in the content of the constitutional complaint, procedural aspects of preparation of draft decisions of the Court by research officers, consideration of the international case-law and dissenting opinions of judges during the adoption of decisions, access to the court cases etc. In general, both sides discussed a large number of issues related to the organisation of the German body of constitutional jurisdiction and its structural units. The Ukrainian lawyers were also interested in the openness of theConstitutional Court, particularly in providing the publicity of the information on consideration of the Court cases, placing materials on the Court cases on the Court’s website as well as other aspects concerning ensuring the transparency of the constitutional justice in Germany.

A meeting was also held in the Administrative Court inKarlsruhe, where the Ukrainian delegation met with the President of the Administrative Court Hans Strauss and Vice President of the Administrative Court Malte Grasshoff. The Judges informed the guests about the history, powers and practice of the administrative proceedings in Germany, introduced theorganisation of activity of judges of the administrative courts as the research officers of theConstitutional Court.

Another meeting was held in the General Prosecutor's Office in Karlsruhe. The Ukrainian lawyers met with the Prosecutor General Uwe Schlosser and senior prosecutor Juergen Gremelmayr and discussed the role of public prosecution in a legal state.

The delegation of the Constitutional Court of Ukraine also visited the European Court of Human Rights in Strasbourg and attended one of its sessions. In addition, the lawyers met with a Ukrainian researcher of the Strasbourg Court, and discussed the powers and structure of the ECHR, the competence of the research officers in this judicial institution.

 

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