Thursday, November 22, 2018

Constitutional Court green-lights constitutional changes on NATO, EU course

The Constitutional Court of Ukraine (CCU) has declared a positive opinion on the constitutional request of the Verkhovna Rada on obtaining a conclusion on the compliance of the Constitution with the presidential bill on the course of Ukraine to NATO and the EU.
The text of the conclusion was posted on the website of the Constitutional Court on Thursday.
"Having considered at the plenary session the case on the constitutional request of the Verkhovna Rada on providing of an opinion on the compliance of the draft law on amending the Constitution of Ukraine ... the Constitutional Court of Ukraine concluded ... recognize the draft law relevant to Article 157 and Article 158 of the Constitution of Ukraine (on state's strategic course to receive full membership of Ukraine in the European Union and the North Atlantic Treaty Organization) (register No. 9037)," the CCU's conclusion reads.

The conclusion of the Constitutional Court states that the bill suggests the following amendments to the Constitution:
In paragraph 5 of the preamble, the words "civil consent on the land of Ukraine" should be followed by the words "and confirming the European identity of the Ukrainian people and the irreversibility of the European and Euro-Atlantic course of Ukraine";
Clause 5 of Part 1 of Article 85 shall be set forth in such a wording "determining of the principles of domestic and foreign policy, the implementation of the strategic course of the state to receive full membership of Ukraine in the European Union and the North Atlantic Treaty Organization";
Article 102 shall be supplemented by Part 3 of the following content: "the President of Ukraine is the guarantor of the implementation of the strategic course of the state to receive full membership of Ukraine in the European Union and the North Atlantic Treaty Organization";
Article 116 shall be supplemented by clause 1 with icon 1 saying: "Ensures implementation of the strategic course of the state to receive full membership of Ukraine in the European Union and the North Atlantic Treaty Organization.
Clause 14 of Section XV "Transitional Provisions" shall be deleted.
The conclusion of the Constitutional Court is mandatory, final and cannot be appealed.
The conclusion of the Constitutional Court is subject to publication in the "Bulletin of the Constitutional Court of Ukraine" and in other official publications of Ukraine.

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