Speech by President of the Constitutional Court of the Republic of Latvia Aldis Laviņš at the international Conference “The Role of the Constitutional Court of Ukraine in the Implementation of the State’s Strategy to Obtain the European Union Membership by Ukraine”
Aldis Laviņš
President of the Constitutional Court
Speech at the international Conference “The Role of the Constitutional Court of Ukraine
in the Implementation of the State’s Strategy to Obtain the European Union Membership by Ukraine”
Riga, 28 June 2022
Honourable Deputy Chairman Holovaty!
Excellencies!
Ladies and Gentlemen!
I am truly honoured with this opportunity to address you and congratulate on the Day of the Constitution of Ukraine!
I wish we could meet in person, but unfortunately, we meet at a time when Ukrainian people fight with arms for homeland, democracy, families and freedom to choose your own destiny. The Ukrainian nation is strongly fighting against bloody military aggression by Putin. The war in Ukraine is not just a bad dream – it is a reality in which we have to act united and respond accordingly. Never has the need to be together, protect ourselves together and act together been so strong. Cooperation and coordinated efforts, mutual support and acting together are our answers to the current geopolitical ambitions of Russia’s regime!
Committed to the promotion of the universal constitutional values of democracy, rule of law and protection of human rights, enshrined in every European national constitution, the Constitutional Court of the Republic of Latvia expresses our solidarity and unity with Ukrainian counterparts and the nation of Ukraine. Independence, freedom and human dignity are fundamental principles that we must promote, implement, respect and restore, especially at times when these values have been threatened.
Both the Latvian state and the Constitutional Court of the Republic of Latvia continue to support Ukraine’s position, both in words and deeds. In these difficult times, we appreciate the importance of solidarity and unanimity in defending universal human values such as freedom, democracy and the rule of law. We stand in solidarity with Ukraine and with those who have contributed to strengthening the rule of law in Ukraine in the last years.
Let me continue with a reference to French statesmen and promoter of political, legal and economic unity of European countries Robert Schuman who back in 1963 said:
“We must build the united Europe not only in the interest of the free nations, but also in order to be able to admit the peoples of Eastern Europe into this community if, freed from the constraints under which they live, they want to join and seek our moral support. We owe them the example of a unified, fraternal Europe. Every step we take along this road will mean a new opportunity for them. They need our help with the transformation they have to achieve. It is our duty to be prepared.”
Robert Schuman said this 59 years ago, and I am truly gratified that last Thursday the European Parliament overwhelmingly voted to grant the European Union candidate status to Ukraine, by giving a clear political signal and confirming the European perspective for Ukraine. We are very proud of this achievement of the Ukrainian nation I believe it was a historically meaningful day not only for Ukraine but for the whole European future!
Dear Ukrainian friends!
It is important to continue the road towards full integration into the European Union. For Ukraine to join the European Union, you will be required to carry out a series of political, economic and judicial reforms. The integration process ahead will not be easy, it will require a lot of strength and patience.
For instance, with the accession of Latvia to the European Union in 2004, the European Union law has become an integral part of the Latvian legal system and has the primacy over the national laws. Before the accession the Latvian laws were transposed so that the Latvian legal system could freely operate in the European Union legal space. This means that Latvia’s almost 20 years of experience in the legal space of the European Union would be very useful for our Ukrainian friends.
We are ready to support the Constitutional Court of Ukraine on the eve of the transformation of your legal system. For many years, the Constitutional Court of the Republic of Latvia maintained an active dialogue with the Constitutional Court of Ukraine, participating in various exchange programs on issues such as the protection of fundamental rights, the rule of law and the constitutional court process. And right now, with Ukraine becoming a candidate state for membership of the European Union, the Constitutional Court of the Republic of Latvia has a great opportunity to make its contribution on another issue that is closely linked to our experience, namely regarding proceedings relating to European Union law and the taking of preliminary rulings.
The Constitutional Court’s rulings were not subject to appeal, therefore, in the future, the Constitutional Court of Ukraine will also have to take into account that if the outcome in the case depended upon interpretation of legal acts of the European Union, the Constitutional Courts of European states had to verify, whether the particular matter had not been already explained by Court of Justice of the European Union and whether the provisions of the relevant legal act were as clear as not to cause any reasonable doubt, and had to decide, whether a preliminary ruling by the Court of Justice of the European Union was required. This and other issues related to accession to the European Union are just some of the challenges that await the Constitutional court of Ukraine in the foreseeable future. However, you can be sure – you will not be alone in them!
Thank you for your attention! Slava Ukrainai!