Judges of the Constitutional Court of Ukraine took part in the International Congress “Constitutional Justice and Policy”
Judges of the Constitutional Court of Ukraine Ihor Slidenko and Stanislav Shevchuk took part in the 18th International Congress “Constitutional Justice and Policy” held on October 14-15, 2016 in Regensburg, Germany.
The event was attended by heads and judges of bodies of constitutional jurisdiction of Albania, Belarus, Bulgaria, Armenia, Latvia, Lithuania, Moldova, Ukraine, the Court of Justice of the European Union, scholars representing higher education institutions, research institutions, in particular from Greece, Georgia, Italy, Lithuania, Germany, Poland, Portugal, Romania, Turkey, Hungary, Ukraine, France, Sweden and others.
Judge of the Constitutional Court of Ukraine Stanislav Shevchuk moderated the first session of the Congress.
During the Congress judge of the Constitutional Court of Ukraine, Doctor of Law Ihor Slidenko presented the report on “The politicisation of the Constitutional Court: causes and consequences”. In his presentation, Judge Slidenko noted that according to the famous Austrian and American lawyer Hans Kelsen, the basis of any constitution is "a political concept" and constitutions have political character. The rapporter emphasised that the Western view on the politicisation of constitutional review is to recognise its political component.
The speaker indicated several levels of the political component in the activities of bodies of constitutional control, particularly related to the positioning of such bodies, which main argument is that bodies of constitutional control belong to the state mechanism that exercises state power and has political nature and also related to the political nature competence and powers of bodies of constitutional control and so on.
Judge of the Constitutional Court of Ukraine, Doctor of Legal Sciences, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine Stanislav Shevchuk presented the report on “The limits of interference in constitutional rights and freedoms under the law”. He focused on the formal and substantive criteria determining the constitutionality of laws that limit constitutional rights and freedoms and informed the participants about the recent case law of the Constitutional Court of Ukraine on this issue.
The judge also stressed on the doctrine of the modern constitutional law, under which the Parliament can not positively establish the essential content of fundamental freedoms, because they are negative in nature. Yet, the Parliament may impose restrictions in the law, which must comply with the formal and substantive criteria that are explicitly and implicitly contained in the Constitution.
