Meeting of the Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk with the Director General of Human Rights and Rule of Law of the Council of Europe Christos Giakoumopoulos
On March, 27, the Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk met with the Director General of Human Rights and Rule of Law of the Council of Europe Christos Giakoumopoulos
The event was attended by Judge of the Constitutional Court of Ukraine Viktor Horodovenko, Head of Council of Europe Office in Ukraine, Representative of the Secretary General in charge of the co-ordination of the co-operation programmes in Ukraine Мårten Ehnberg, Head of the Department of Execution of Judgments of the European Court of Human Rights Genevieve Mayer, Head of Division for the Execution of Judgments ECHR, Directorate General of Human Rights and Rule of Law of Council of Europe Pavlo Pushkar and management of the Constitutional Court of Ukraine.
The Chairman of the Constitutional Court Stanislav Shevchuk informed the guests about the adoption of the procedural document of the Court - the Rules of Procedure and stressed that in the nearest future the Constitutional Court of Ukraine will form the senates, establish collegia, and also approve their personal composition, which will allow them to proceed directly to consideration of constitutional complaints of citizens. The Chairman recalled that in Ukraine a constitutional complaint institute had been introduced, which would become an effective instrument for the protection of fundamental human and citizen rights and freedoms. Mr. Shevchuk stressed that person may directly apply to the Constitutional Court if he/she deems that his/her constitutional right has been violated by law.
The Chairman noted that the changes had taken place in the light of the best European practice. Stanislav Shevchuk added that today the Constitutional Court of Ukraine has managed to establish the basis of the doctrine of a friendly attitude to international law in the adoption of decisions and opinions. "We need to cooperate with the Council of Europe, because this is our practical necessity," he highlighted.
The Сhairman of the Constitutional Court of Ukraine emphasised that his priority is the recognition of the Constitutional Court of Ukraine as the European body for constitutional control. In his opinion, the main tasks facing this path are restoration of confidence in the Constitutional Court of Ukraine and improvement of the quality of the arguments of its decisions. "At the same time, I will do everything to make the constitutional justice body a true Constitutional Court that is respected, since the Court has nothing but authority for its decisions," the speaker stressed. Stanislav Shevchuk highlighted the construction of a qualitatively new approach to interaction with the public, development of a communication strategy aimed at strengthening the independence of the Court.
Christos Giakoumopoulos, Director General of Human Rights and Rule of Law of the Council of Europe noted that the Council of Europe is monitoring the situation in Ukraine, in particular, in the Constitutional Court. He gave a positive response to the decision of the Constitutional Court of Ukraine in the case on the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights on the compliance of the third sentence of Article 315 of the Criminal Procedural Code of Ukraine with the Constitution of Ukraine (constitutionality), as well as other matters related to constitutionality the provisions of the Criminal Procedural Code. He mentioned that in the case of "Ignatov v. Ukraine" the European Court of Human Rights came to the conclusion that there had been a systemic problem in the selection of preventive measures.
The Chairman of the Constitutional Court of Ukraine Stanislav Shevchuk emphasized that in its decisions the Constitutional Court of Ukraine implements European standards in the legal field of Ukraine, which again confirms a friendly attitude to international law. "This decision of the Court is another step in the European direction", said Mr. Shevchuk.
Stanislav Shevchuk added that today the Constitutional Court of Ukraine is considering a large number of cases directly related to social protection of citizens. In addition, most constitutional complaints submitted to the Court also raise social issues.
The guests were interested in the place and role of the Convention for the Protection of Human Rights and Fundamental Freedoms in the system of national legislation, as well as the implementation of judgments of the European Court of Human Rights in the national legal system of Ukraine.
Parties also discussed the urgent issues raised in the cases of the European Court of Human Rights, in particular, "Davydov and others v. Ukraine ", "Oleksandr Volkov v. Ukraine ", "Kulykov and others v. Ukraine".
Parties also discussed the formation of the Supreme Court and its role in the implementation of international human rights standards, the importance of strengthening dialogue between the Constitutional Court of Ukraine and the Supreme Court and the European Court of Human Rights. Director General of Human Rights and Rule of Law of the Council of Europe, Christos Giakoumopoulos also noted that the Council of Europe welcomes the measures taken by Ukraine to resolve issues related to the enforcement of ECHR judgments by national courts and intends to contribute to solving systemic problems arising in this area. The role of the Constitutional Court of Ukraine and the Supreme Court in this matter is very important.
Christos Giakoumopoulos noted that in recent years, judicial reform is ongoing in Ukraine, which aims to transform the country's judicial system. However, the comprehensive judicial reform and the processes that have begun cannot be considered completed, as long as there is a problem of non-enforcement of court decisions, Mr. Giakoumopoulos warned.
During the meeting, parties discussed other pressing issues of reforming the legal system and strengthening the independence of the judiciary. The interlocutors agreed on further cooperation within the framework of a constructive dialogue established between the Constitutional Court of Ukraine and the Department of Execution of Judgements of the European Court of Human Rights on the interpretation of human rights norms in the context of the ECHR established case-law.
