Member of the European Parliament Rasa Juknevičienė commented on the situation that developed after the decision of the Constitutional Court to abolish criminal liability for declaring false information, the intention of the President of Ukraine Volodymyr Zelensky to “reset” the Constitutional Court by unconstitutional means is a violation of European norms. Even in a situation where there are complaints about the work of the judicial system, political decisions must comply with the law
“The rule of law is the foundation of the European Union. Realizing the importance of anti-corruption reforms, Ukraine, on its way to European integration, must remain committed to common values and prioritize the rule of law in its decision-making process. Thus, even in situations where justified doubts about the functioning of the judiciary may arise, decisions must be in accordance with national law. Nobody can be above the law. If we allow the prevalence of illegal decisions, this will create a dangerous precedent,” the politician said.
At the same time, she reminds that court decisions must be lawful and justified. This, in the opinion of the MEP, can be achieved through effective judicial reform.
“Ukraine must find its own solution. The role of the parliament is very important in this process,” she said, recalling the need to take into account the position of professionals in the field of law, as well as Ukrainian society.
“In promoting good governance and the rule of law, a synergy of political experience, expert experience and the position of civil society is needed. This is the key to an effective solution. Like any other reform, judicial reform is primarily a political decision, a matter of political will and responsibility to citizens. Thus, the reform must be led by politicians. At the same time, the European Union has always emphasized the importance of a transparent process and inclusive consultation, especially when it comes to reforms that are important for the country. Therefore, I strongly recommend conducting detailed consultations with experts in the field of law, as well as with society,” the MEP stressed.
On October 27, 2020, the Constitutional Court adopted a decision by which it recognized as unconstitutional a number of provisions of the Law “On the Prevention of Corruption” and criminal liability for declaring false information. In its decision, the court, in particular, summarized that the legislator “did not comply with the principles of justice and proportionality as elements of the principle of the rule of law”, and thus Article 366-1 (declaration of false information) of the Criminal Code of Ukraine contradicts Part 1 of Article 8 of the Basic the law of the country.
After that, President Volodymyr Zelenskyy initiated the dissolution of the current composition of the Constitutional Court, despite the fact that this decision is not provided for by law.
The decision on the fate of the Constitutional Court has not yet been made; instead, the deputies voted on a bill to restore responsibility for inaccurate declaration, in which the penalty for submitting incorrect information was mitigated.
