The Venice Commission and GRECO stated that the termination of the powers of judges of the Constitutional Court, even for a good reason, is a violation of the Basic Law and the principle of separation of powers. This is stated in a joint letter from the Commission and the Group of States against Corruption (GRECO).
"The termination of the powers of judges is a gross violation of the Constitution. Violation of the Constitution, even if for an undeniably good reason, cannot lead to a culture of constitutionalism and respect for the rule of law that fights corruption," the letter said.
In addition, the organizations called on the Ukrainian authorities to consider the adverse, profound and long-term consequences for Ukraine from the hasty decision to dismiss the judges of the Constitutional Court.
“We urge you to explore alternative ways to ensure that fighting corruption in line with international standards remains a priority for your country,” the letter said.
Earlier, the National Bar Association stated that if the decision of the Constitutional Court is not executed, the very stability of the constitutional system and the effectiveness of the principles of the Basic Law may be under threat, and legal nihilism will strike all branches of government.
Previously, the Constitutional Court of Ukraine recognized the unconstitutional provision on criminal liability for declaring false information, which caused criticism from both law enforcement and control bodies. By its decision, the Constitutional Court of Ukraine blocked the implementation of the results of local elections, since the court deprived the NAPK of access to state registers.
President of Ukraine, in turn, stated that the electronic income declaration system will work despite the decision of the Constitutional Court.
On October 29, President Volodymyr Zelenskyy convened an emergency meeting of the National Security and Defense Council of Ukraine. After that, the National Agency for the Prevention of Corruption restored public access to the registers of declarations of officials and MPs.
In addition, the President of Ukraine Volodymyr Zelenskyy submitted to the Verkhovna Rada draft law No. 4288, which is proposed to deprive the judges of the Constitutional Court of Ukraine of their powers and restore the law on declaration that they had canceled.