February 19, 2024
Today, on February 19, 2024, the First Technical Project Committee Meeting of the Project “Support to development of constitutional justice in Ukraine” was held. The aim of the Project which will last until August 2025 is to develop constitutional justice in Ukraine, promote the exchange of knowledge and experience in applying European standards, taking into account the best practices of European Partner Court. The respective Project is implemented within the third phase of the of the European Union and the Council of Europe Joint Programme “Partnership for Good Governance!”.
Within the Project different forms of interaction, as well as deepening of the professional cooperation between the Constitutional Court of Ukraine and a constitutional court of an EU member state, which is the Constitutional Court of the Republic of Latvia, are planned.
The Ukrainian side was represented by Acting Chief Justice of the Constitutional Court of Ukraine Serhiy Holovaty, CCU judges Viktor Gorodovenko, Oksana Hryshchuk, Viktor Kychun, Oleksandr Petryshyn, Oleh Pervomaiskyi, Olha Sovhyria, Galyna Yurovska, representatives of the Patronage Office of the Court's judges and of the Court's Secretariat. The Latvian side was represented by the President of the Constitutional Court of the Republic of Latvia Aldis Laviņš and the judges of the respective Constitutional Court.
The Council of Europe was represented by Frederic Dolt, Head of Department for the Implementation of Human Rights, Justice and Legal Cooperation Standards, Council of Europe Directorate General of Human Rights and Rule of Law, Aldis Laviņš, President of the Constitutional Court of the Republic of Latvia, and Erlend Falch, Deputy Head of the Council of Europe Office in Ukraine.
Opening the event, Frederic Dolt, Head of Department for the Implementation of Human Rights, Justice and Legal Cooperation Standards, Council of Europe Directorate General of Human Rights and Rule of Law, emphasised the full support and solidarity of the Council of Europe with the Ukrainian people.
According to him, the case law of the European Court of Human Rights is a source of law in Ukraine, and it is important for judges of the Constitutional Court to know the case law of the Strasbourg Court well enough. Frederic Dolt stressed that this Project will support judges in this regard. The speaker stated, “Moreover, considering Ukraine's path towards EU accession, the judges, and especially the Constitutional Court Judges, should be aware of the European legal instruments and interpretation methodologies, applied by Court of Justice of the European Union.”
He also emphasised that there is already a constructive dialogue between the Constitutional Courts of Ukraine and Latvia, and the Project will contribute to extension of this cooperation.
On behalf of the Court, Acting Chief Justice of the Constitutional Court of Ukraine Serhiy Holovaty congratulated the participants on the opening of the Project, which has the purpose to develop constitutional justice in Ukraine. He expressed gratitude to the representatives of the Council of Europe Office in Ukraine and the European Union. “Let me express my heartfelt respect to all European partners, thanks to whom this wonderful initiative is starting to be implemented in practice, but above all to the European Union and the Council of Europe, which in various ways constantly support Ukraine and the Ukrainian people in this appalling time of genocidal war against Ukraine.” Serhiy Holovaty noted that in view of Ukraine's acquiring the candidate status for European Union membership, the implementation of this Project will be one of the instruments that will help strengthen the institutional capacity of the Constitutional Court of Ukraine and enhance the application of European standards in national constitutional proceedings. Holovaty stated “The Constitutional Court of Ukraine will make a significant contribution to the development of constitutional justice in Ukraine based on European standards.”
In addition, Serhiy Holovaty gratified the President and judges of the Constitutional Court of the Republic of Latvia, who agreed to commence bilateral cooperation within the Project. He is confident that such professional cooperation will be effective and the Constitutional Court of Ukraine will implement European standards in the field of fundamental values on which Europe was built.
In his opening remarks, the President of the Constitutional Court of the Republic of Latvia, Mr. Aldis Laviņš, expressed his gratitude that the Constitutional Court had been proposed as the leading partner of cooperation in this project. The President of the Constitutional Court underscored that such credit of trust, granted to the Constitutional Court, acknowledged belief in those values that the Court defended in its work. The President highly appreciated the strength and commitment of the Ukrainian colleagues that they demonstrated in the challenging circumstances of war, not only in their persistent work to ensure the continuity of the constitutional review but also by their active efforts to develop and improve their competencies.
Aldis Laviņš underscored that “The official launch of the project takes place in a symbolic time when the Ukrainian people have been defending their freedom, in fierce battles, for the second year already. The Constitutional Court of Ukraine continues its work and development also when Kyiv is the target of missiles. And this commitment to improvement serves as a safeguard for the rule of law and independence of the judiciary in Ukraine of the future – a democratic state, governed by the rule of law, in the family of developed European states. Launching of the project is an important event both for Ukraine and Latvia; moreover, we have received strong support from the highest officials of this State.”
As a result of the meeting, the participants agreed on the terms of reference of the Technical Project Committee of the Project “Support to the development of constitutional justice in Ukraine” and its composition. The parties also approved the 2024-2025 Work Plan of the Project and issues related to the exchange of experience and cooperation between the two courts.
