Irēna Kucina: Every generation must reaffirm the values on which democracy is based
On Friday, 25 April, the Constitutional Court held an international conference on the role of constitutional courts in ensuring the resilience of common European values in face of contemporary challenges. Constitutional courts not only protect individual rights, legal interests and fundamental freedoms, they also play an important role in the long-term stabilisation of the democratic order and national security.
The President of the Constitutional Court of the Republic of Latvia, Irēna Kucina, opened the conference, she underlined the responsibility of each generation to strengthen the values on which democracy is based. The Minister of Justice of the Republic of Latvia, Inese Lībiņa-Egnere, followed by highlighting the threat of hybrid warfare and information manipulation campaigns. Oleksandr Petryshyn, Acting President of the Constitutional Court of Ukraine, addressed the conference from a distance, stressing the crucial role of support and unity in the war against the Federation of Russia. The Council of Europe’s representative, Siuzanna Mnacakanian, Head of the project “Support for the Development of Constitutional Justice in Ukraine”, pointed out that the partnership between Ukraine and Latvia is becoming ever closer, and the success of this project confirms that.
The conference presentations were divided into two panel discussions, the first of which focused on challenges to democracy, the rule of law and pluralism. The second panel discussion focused on challenges to human dignity, freedoms and human rights.
The first panel discussion was moderated by the Vice President of the Venice Commission, Veronika Bílková, who invited the panelists to share their perspectives on the solutions taken by States in the face of emergencies – in particular in relation to respect for the principle of separation of powers and democratic processes that may become impossible or impracticable in emergencies. Panelists reflected on the role to be given to the views and interests of different minorities in a situation where the existence of a nation has come under threats. The panelists were Galyna Yurovska, Judge of the Constitutional Court of Ukraine, Zdeněk Kühn, Judge of the Constitutional Court of the Czech Republic and Susanne Baer, Professor at the Humboldt University of Berlin and former Judge of the Federal Constitutional Court of Germany.
The second panel discussion was chaired by Kristaps Tamužs, Head of the Legal Department of the Constitutional Court of the Republic of Latvia. He invited the panelists to share their insight on what are the “red lines” in emergency situations, when stricter restrictions on human rights are often necessary. How can constitutional courts effectively verify whether the human rights restrictions imposed to address an emergency situation go beyond strict necessities? The panelists equally addressed the issue of the geopolitical context when assessing the constitutionality of restrictions on fundamental rights at a time when the existence of a nation face threats. The panelists were Judge of the Constitutional Court of the Republic of Latvia Mārtiņš Mits, Judge of the Constitutional Court of Slovenia Matej Acceto and Alan Greene, lecturer at the Faculty of Law, University of Birmingham.
The conference continued with a speech by the Latvian judge at the Court of Justice of the European Union Ineta Ziemele, who stressed that the resilience of democracy is rooted in ensuring freedom for citizens, providing equal opportunities for everyone, protecting individuals against arbitrariness, and protecting against the excessive influence of money and algorithms in democracy.
The concluding remarks of the conference were prepared by Latvian judge at the European Court of Human Rights Artūrs Kučs. The closing speeches were delivered by Judge Galyna Yurovska of the Constitutional Court of Ukraine and President of the Constitutional Court of the Republic of Latvia, Irēna Kucina. The President stressed the importance of implementing the valuable insights from the conference into meaningful actions in the work of our institutions, working together to protect European values.
Photo: Toms Norde
