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Participation of the delegation of the Constitutional Court in the XVII Congress of the Conference of European Constitutional Courts
On June 29-30, 2017 the delegation of the Constitutional Court of Ukraine composed of the Acting Chairman of the Constitutional Court of Ukraine Viktor Kryvenko and the judges of the Constitutional Court of Ukraine Mykola Melnyk, Ihor Slidenko and Stanislav Shevchuk participated in the XVII Congress of the Conference of European Constitutional Courts on the "Role of Constitutional Courts in Upholding and Applying the Constitutional Principles".
The activities of the Conference of European Constitutional Courts were initiated in 1972 by the Constitutional Court of Yugoslavia, which organised in Dubrovnik a meeting of the presidents of the constitutional courts of Austria, Italy and Germany in order to exchange experience and maintain mutual contacts between the courts. Subsequently, such meetings became regular, and a number of their participants expanded. During the period 1972-2012 fifteen forums, which became the platform of international cooperation in the field of constitutional justice, were held.
The Constitutional Court of Ukraine acquired the status of associate member of the Conference of European Constitutional Courts at the XI Congress in Warsaw in May 1999, and at the preparatory meeting for the XII Congress in Brussels in October 2000, full membership in the organisation was granted to it.
The Conference is an influential international organisation, the activities of which are aimed at contributing to the consolidation of experience in constitutional practice and justice, as well as the maintenance of regular contacts between the constitutional courts of Europe. According to the Statute, among the tasks of the organisation is the promotion of the exchange of experience and ideas of constitutional courts on methods, judicial practice, institutional, structural and functional issues of constitutional control, and the strengthening of the independence of the bodies of constitutional jurisdiction as an important element of the guarantee and democracy.
In May 2014, the Constitutional Court of Georgia took over the Presidency of the Conference of European Constitutional Courts from the Constitutional Court of the Republic of Austria.
Representatives of the bodies of constitutional jurisdiction - 40 European countries that are full members of the Conference, associate member - the Constitutional Court of the Republic of Belarus, representatives of international organisations and foundations, linguistic and regional groups of the World Conference of Constitutional Justice, the diplomatic corps, governmental institutions, etc. took part in the activities of the Congress.
The Congress was opened by the President of the Conference of European Constitutional Courts, the President of the Constitutional Court of Georgia Zaza Tavadze. He noted that the Constitutional Court of Georgia for the first time in its history is honoured with the presence of that many representatives of bodies of constitutional jurisdiction of European countries.
"The fact that Georgia is the only country that has become the President of the Congress of the Conference of European Constitutional Courts without being a member of the European Union undoubtedly reflects our European colleagues' credibility, in particular to the Constitutional Court of Georgia," said Zaza Tavadze.
President of Georgia Giorgi Margvelashvili addressed the audience with a welcoming speech.
"I am glad that today we are hosting the XVII Congress of the Conference of European Constitutional Courts in Batumi. Georgia is proud that for three years we have been the country presiding in the Conference of European Constitutional Courts. This achievement, recognition are important for us, as it states the importance of the Constitutional Court of Georgia, and the importance of its decisions", said the President of Georgia.
The guests were also welcomed by the Prime Minister of Georgia Giorgi Kvirikashvili, the Chairman of the Parliament of Georgia Irakli Kobakhidze, the Chairman of the Government of the Autonomous Republic of Adjara Zurab Pataradze, the Ambassador of the European Union to Georgia Janos Herman, the President of the European Commission for Democracy through Law (Venice Commission) Gianni Buquicchio, President of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) Arief Hidayat, President of Association of Constitutional Courts using the French Language (ACCPUF) Ulrich Meyer, Chairman of the Conference of Constitutional Control Organs of Countries of New Democracy (CCCOCND) Gagik Harutyunyan, President of the Conference of Constitutional Jurisdictions of Africa (CCJA) Thomas Reetsang Mogoeng Mogoeng, President of the the Conference of Constitutional Jurisdictions of Portuguese-Speaking Countries (CJCPLP) Rui Nené.
Welcome speech on behalf of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ) was delivered by the judge of the Constitutional Court of Ukraine Stanislav Shevchuk.
He informed that since January 1, 2017, the Constitutional Court of Ukraine has been chairing the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ). The beginning of the Association's activities was the signing by the leaders of the constitutional courts of Ukraine, Georgia, Lithuania and Moldova in October 2015 in Vilnius of the Declaration in order to promote the protection of human rights and fundamental freedoms, the guarantee of democratic principles and values, the observance and implementation of the principles of rule of law, the promotion of independence of the constitutional courts in administering constitutional justice, cooperation and exchange of experience among member states.
The judge of the Constitutional Court of Ukraine also noted that in the beginning of June the Second Congress of the Association on "The role of constitutional courts in interpreting the provisions of national constitutions in the context of the generally recognised principles and norms of international law and EU law, judgments of international courts" was held in Kharkiv.
Stanislav Shevchuk mentioned that the Constitutional Court of Ukraine, including as a member of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ), is committed to the European fundamental values, in particular, human rights, rule of law, he independence of courts, respect for International law, territorial integrity and democratic order. "We especially emphasise the principle of non-application of constitutional jurisdiction for political purposes, for violation or denial of international commitments," the speaker stressed.
In conclusion, Stanislav Shevchuk on behalf of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ) thanked the organisers and wished success to all the participants of the Conference of European Constitutional Courts.
According to the tradition of the Congress of the Conference of European Courts, the host court of the event prepares a general report. This year's general report "Role of Constitutional Courts in Upholding and Applying the Constitutional Principles" was delivered by Lali Papiashvili, Deputy President of the Constitutional Court of Georgia.
Topics of the Congress sessions were "The Role of the Constitutional Court in Defining and Applying Explicit/Implicit Constitutional Principles" and "Constitutional principles as higher norms? Is it possible to determine a hierarchy within the Constitution? Unamendable (eternal) provisions in Constitutions and the judicial review of constitutional amendments".
The presentations were delivered by the President of the Constitutional Court of the Czech Republic Pavel Rychetský, judge of the Federal Constitutional Court of Germany Gabriele Britz, the President of the Constitutional Court of the Republic of Latvia Ineta Ziemiele, the President of the Constitutional Court of Hungary Tamás Sulyok, the President of the Constitutional Court of the Republic of Slovenia Jadranka Sovdat, the President of the Constitutional Court of the Republic of Moldova Tudor Pantiru, Deputy President of the Constitutional Court of the Republic of Croatia Snježana Bagić, Member of the Constitutional Council of the French Republic Corinne Luquiens, President of the Constitutional Court of the Republic of Lithuania Dainius Žalimas, judge of the Constitutional Court of the Republic of Italy Daria de Pretis.
The judge of the Constitutional Court of Ukraine Mykola Melnyk in his speech spoke about the role of the constitutional courts in defining, observing, disseminating and implementing the constitutional principles. In his opinion, this role depends to a large extent on several factors, namely: 1) the place which is de facto occupied by the constitutional court in the system of state power and determined by the state of democracy; 2) the degree of real independence of the court; 3) the level of its competence (judges' professionalism). These three factors are interconnected, but the first of them is basic, because it is the place in the system of government that determines the role that the constitutional court will play in the state and society.
Participation of representatives of the Constitutional Court of Ukraine in the XVII Congress of the Conference of European Constitutional Courts was supported by the Organisation for Security and Cooperation in Europe (OSCE).
In the course of the Congress a meeting of the Circle of Presidents of European Constitutional Courts - full members of the organisation – the central decision-making body of the Conference – took place.
During the meeting of the Circle of Presidents the participants discussed, in particular, the order of the next congress, proposals for the selection of speakers and subjects of debate, reporting and other organisational issues.
Following the results of the meeting, it was decided to hold the XVIII and XIX Congresses of the Conference of European Constitutional Courts in the Czech Republic and the Republic of Moldova respectively.
According to the President of the Constitutional Court of the Republic of Moldova Tudor Pantiru the possibility of chairing the Conference of European Constitutional Courts for the period of 2020-2023 is recognition of its independence and quality of work in accordance with European standards.
The last item on the agenda of the meeting of the Circle of Presidents was the approval of the draft resolution "Words of solidarity" presented by the President of the Constitutional Court of Austria, Prof. Dr. Gerhart Holzinger.
