The EU Ambassador: "Execution of decisions of constitutional court is a basis for the stability and the rule of law"

May 26, 2014

BISHKEK, Kyrgyzstan – On May 21-23, 2014 the Kyrgyz Republic hosted international conference "Execution of decisions of constitutional courts as a guarantee for effective constitutional justice". The conference was organized by the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic with support from two projects funded by the European Union and implemented by the Venice Commission of the Council of Europe and UNDP: "Support to the Kyrgyz authorities in improving the quality and efficiency of the Kyrgyz Constitutional justice system" and "Support to operationalization of the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic". For these two projects the European Union has allocated € 1.7 mil.

The conference was attended by the representatives of constitutional courts from Latvia, Turkey, Armenia, Moldova, Tajikistan, Azerbaijan and Kazakhstan; the participants included international experts in constitutional and international law from Germany, Finland, Georgia, Norway, Slovenia, as well as representatives from the Venice Commission and the European Court of Human Rights.

The main objective of the conference was increased efficiency in execution of decisions made by constitutional courts. This problem is very relevant for many countries including the Kyrgyz Republic in view of formation of the new Constitutional Chamber. In any democratic country constitutional courts are the guardians of the Constitution and act as barometers of constitutional and legal development. The execution of their decisions determines the efficiency of judicial constitutional review as well as the degree of completeness in the execution of constitutional principles.

In his opening speech at the conference the Chairman of the Constitutional chamber Mr. Mukambet Kasymaliev said that "Execution of decisions made by the constitutional review bodies is an important component in the protection of human and civil rights and freedoms, establishment of the rule of law as well as enhanced confidence of citizens in the judicial system and state."

Mr. Cesare de Montis, the EU Ambassador to the Kyrgyz Republic, stressed that "Successful implementation of the model for the execution of decisions made by the Constitutional chamber, the degree of respect and coherent execution of decisions made by the chamber by the state institutions and the society will determine the effectiveness of constitutional justice".

The participants in the conference paid special attention to the quality of judicial decisions. The former President of Constitutional Court of Latvia Mr. Gunars Kutris said, "I am convinced that the quality of execution of decisions of a Constitutional court largely depends on the court itself and its professionalism. A court cannot create a problem by its own decision, its verdicts must be clear and authoritative".

One of the most debated topics during the conference was the inadmissibility of revising the decisions of Constitutional Courts. Mr. Kim Balayan, the judge of Armenian Constitutional court, stressed that "Revision of decisions made by a constitutional court is a bomb which will have to be neutralized by the entire society".

NGO leaders Nurbek Toktakunov and Cholpon Jakupova highlighted that the strength of the Constitutional Chamber lies with the inviolability of its decisions and requested the representatives of the President, the Parliament and the Government to refrain from any pressure on the Chamber even in the event that they do not agree to its decisions. The implementation of decisions of the Constitutional chamber also depends on the attitude of the society towards its acts. The higher is the confidence of the civil society in the Constitutional Chamber, the better will be the degree of their execution and the lesser will be the pressure of political expediency.

The conference resulted in adopting a resolution by the participants, which aims at improving of mechanisms of executing the decisions made by constitutional courts.

By supporting this conference the European Union, the Venice Commission of the Council of Europe and UNDP intended to contribute to strengthening constitutional justice in Kyrgyzstan as well as increasing awareness of the society about the role and functions of the Constitutional Chamber.