On 6–7 March, an online meeting was held as part of the German-Ukrainian professional exchange of experience. The event brought together Judges of the Constitutional Court of Ukraine, representatives of the German Foundation for International Legal Cooperation (IRZ), and retired Judges of the Federal Constitutional Court of Germany to discuss topical issues of constitutional law and procedure.
The event was organised by the German Foundation for International Legal Cooperation (hereinafter, the “IRZ”), which is a long-standing Partner of the Constitutional Court of Ukraine (hereinafter, the “CCU”). The cooperation between the CCU and the IRZ began in 1996 and has become an important means of strengthening ties between Ukraine and the Federal Republic of Germany. This cooperation includes annual Ukrainian-German colloquia on constitutional law, professional visits to the Federal Constitutional Court of Germany, and the organisation of international events in Ukraine.
The main topics of discussion during the two-day event were:
· duties of the two Senates of the Constitutional Court and division of competence between them;
· Code of conduct and ethical standards for Judges of the Constitutional Court;
· use of amicus curiae opinions by the Constitutional Court.
Acting Chairman of the Constitutional Court of Ukraine Oleksandr Petryshyn delivered the opening speech. He stressed that international exchange of experience, especially taking into account the rich jurisprudence of the Federal Constitutional Court of Germany, is of utmost importance for Ukraine. Ukraine is actively adopting the best European practices to improve law enforcement and strengthen the rule of law principles.
Oleksandr Petryshyn underscored that cooperation between the Constitutional Court of Ukraine and IRZ has always been marked by systematic approach, fulfilment of obligations and planned implementation of joint projects. According to him, as of the end of 2024, 10 colloquia, 15 professional meetings and a number of study visits were held with the support of the IRZ. This has significantly improved the work of the Constitutional Court of Ukraine and contributed to the broadening of international ties.
In her address, IRZ Head of Division for Vietnam and Ukraine, Angela Schmeink underlined the importance of a sustainable dialogue between the constitutional bodies of both countries, especially in the context of the challenges Ukraine is currently facing. The speaker assured that IRZ will remain a reliable partner of Ukraine in the future.
The first thematic panel of the event concerned the responsibilities of the two Senates of the Constitutional Court and the division of competence between them. Oleksandr Petryshyn spoke about the current legislative regulation of this issue, focusing on certain problematic aspects. He emphasised that improving these procedures is a necessary step to ensure greater efficiency of the Court’s activities. Prof. Dr. Udo Steiner, Judge of the Court of Justice of Ukraine, shared his expert opinion on the German model of distribution of competences between the Senates. Prof. Dr. Jur. Udo Steiner, retired Judge of the Federal Constitutional Court of Germany, shared his expert opinion on the German model of division of competence between the Senates.
The second panel was devoted to the issues of professional ethics and code of conduct for Judges of the Constitutional Court of Ukraine. Judge of the Constitutional Court of Ukraine Vasyl Lemak highlighted the need to develop clear ethical standards that would meet modern challenges and public expectations. Udo Steiner and retired Judge of the Federal Constitutional Court of Germany Reinhard Gaier spoke about the experience of developing ethical standards for Judges of the Federal Constitutional Court of Germany.
Special attention was paid to the use of amicus curiae opinions in constitutional proceedings. The Ukrainian experience was presented by the Judge of the Constitutional Court of Ukraine Oleg Pervomayskiy, and Reinhard Gaier highlighted the long-standing German practice of using amicus curiae.
The discussion was joined by Judges of the Constitutional Court of Ukraine Viktor Gorodovenko, Viktor Kychun, Alla Oliinyk, Serhiy Riznyk, Galyna Yurovska, and IRZ Senior Project Manager Wolfram Gertig. The Ukrainian and German colleagues discussed the problems that arise when dealing with procedural issues of constitutional justice. Experts Udo Steiner and Reinhard Gaier shared practical advice and answered questions of Ukrainian Judges.
Summarising the event, the participants noted the importance of such professional exchanges, contributing to the improvement of constitutional justice in Ukraine and the development of bilateral relations between Ukraine and the Federal Republic of Germany. The parties expressed their readiness to continue cooperation in joint projects and events.
