The Constitutional Court supports integration of Ukraine’s legal system in the united European legal space
On 9 and 10 May of the current year, Judges and employees of the Constitutional Court of Latvia and the Constitutional Court of Ukraine, as well as the Council of Europe representatives met in Kraków (Poland) in the framework of the project “Support to development of the constitutional justice in Ukraine”, implemented as part of the joint programme of the European Union and the Council of Europe “Partnership for Good Governance”. The parties discussed the models of constitutional review, implemented by both Courts, the constitutional complaint as an instrument in the protection of every person’s fundamental rights, as well as the challenges that Ukraine has to overcome in transforming its legal system following accession to the European Union.
Upon opening the meeting, President of the Constitutional Courts Aldis Laviņš expressed his satisfaction that the Constitutional Court of Latvia had been chosen as the lead partner of cooperation. This trust attests to belief in those values that the Constitutional Court protects in its work. “Our joint support to the development of Ukrainian constitutional justice is an important contribution to integrating the Ukrainian legal system into the united European legal space. The Constitutional Court of Ukraine not only ensures continuity of its work in conditions of war but also continues its development, setting high aims for the future Ukraine – a democratic country, governed by the rule of law, in the family of developed European states,” Aldis Laviņš emphasized. For many years, the Latvian and the Ukrainian Constitutional Courts have been equal partners of cooperation, sharing their experience related to the development of constitutional law, as well as engaging in a close dialogue within the framework of various platforms for international cooperation.
The head of the delegation of the Ukrainian Constitutional Court Judge Oleg Pervomayskiy emphasised the significance of support provided by the Latvian Constitutional Court for the future Ukraine. “In view of the fact that the constitutional complaint was introduced in Ukraine only in 2016, there is substantial work ahead of us to ensure that it would serve as an effective remedy for protecting the fundamental rights of every person. In this regard, Latvia is one step ahead of us, therefore this possibility of gaining experience in the framework of a project of the Council of Europe is a valuable instrument for the development of the Ukrainian constitutional justice,” Oleg Pervomayskiy emphasized.
The first session of the meeting was dedicated to the way the work of the Constitutional Court of Ukraine and the Constitutional Court of Latvia is organised to review constitutional complaints. Judge of the Constitutional Court Gunārs Kusiņš provided comprehensive insight into the particularities of legal proceedings before the Constitutional Court – both with respect to the Court’s jurisdiction and the general and special requirements set for the constitutional complaint, as well as into preparing the case for review and adoption of rulings.
During the second session, Judge of the Constitutional Court Anita Rodiņa made a detailed presentation on the introduction of the constitutional complaint in Latvia, the purpose of the regulation on the constitutional complaint, as well as the admissibility criteria for it, defined in the Constitutional Court Law. Judge of the Constitutional Court of Ukraine Oleksandr Petryshyn pointed to the similarities in the models of constitutional complaints, established by both Courts.
During discussions, Judges of the Latvian Constitutional Court and the Ukrainian Constitutional Court shared their experience related to the possibility of renewing the term for submitting a constitutional complaint and discussed how valid the assumption was that the Ukrainian Constitutional Court has been defined a very narrow jurisdiction in reviewing the constitutionality of only the laws adopted by the Parliament. Likewise, Judges of the Latvian Constitutional Court shared their experience relating to instruments and solutions for making the constitutional court more accessible to all.
“The form of individual application – the constitutional complaint – is the most important instrument in bringing the rule of law closer to every person. The Constitutional Court’s task is, first and foremost, to serve people in a state governed by the rule of law, because it is the people who have established such a court for themselves. This is the message that we, through our experience, wish to deliver to our Ukrainian colleagues,” Aldis Laviņš pointed out.
The discussion held on the second day of the meeting was dedicated to drafting recommendations to the Constitutional Court of Ukraine for improving the institute of constitutional complaint, thus promoting effective protection of a person’s fundamental rights and facilitating integration of the Ukrainian legal system in the united European legal space.
During the third session, Judge of the Constitutional Court Artūrs Kučs shared the Court’s experience in applying the provisions of the European Union law. Artūrs Kučs also informed about the procedure, in which the Constitutional Court turns to the Court of Justice of the European Union in the framework of the preliminary ruling process. In conclusion, he noted that a national judge is also a judge of the European Union and the application of the European Union law, first and foremost, is the responsibility of and, also, a challenge for the national judge.
At the end of the meeting, the parties discussed future activities in the project, as well as issues related to sharing experience and cooperation between the Constitutional Court of Ukraine and the Latvian Constitutional Court. The project will last until August 2025.
During the visit, the Constitutional Court was represented by President Aldis Laviņš, Vice-president Irēna Kucina, Judges Gunārs Kusiņš, Jānis Neimanis, Artūrs Kučs, Anita Rodiņa and Jautrīte Briede, as well as Advisor to the President of the Constitutional Court Andrejs Stupins-Jēgers and Deputy-head of the Legal Department Baiba Bakmane.