Numerous are the entries relating to the “Lustration Law” (On cleansing power), commencing from the date it was signed into law, knowingly flawed, by President Poroshenko in October 2014.
A glossary of the expected
problems with the poorly crafted law, together with the anticipated Venice
Commission “Opinion” suggestions, and forewarned Constitutional Court outcomes can be found here.
“The time has come,” the Walrus said, “To
talk of many things: Of shoes–and ships–and sealing-wax– Of
cabbages–and kings–And why the sea is boiling hot–And whether pigs have wings.” – Well, that time to
talk nonsense has perhaps not quite arrived just yet, but the time of reckoning
for a legislative act that barely met the parameter of “OK” certainly has.
The Constitutional Court will
finally issue a full verdict regarding the constitutionality – or more likely
the lack of constitutionality – regarding the “Lustration Law” (or major parts
thereof) in the next few days.
This has prompted robust statements from Justice Minister
Petrenko that amendments (submitted on 26th March) to accommodate the Venice
Commission “Opinion” will finally be forced through the Verkhovna Rada – and
presumably therefore also meet the requirements of the Constitution of Ukraine
(though no doubt new appeals (or attempts there at) will be forthcoming
relating to these amendments by vested interests).
Speaker Paruby has stated that amendments will
also be forced through the Verkhovna Rada to keep the law in statute and
on-side with the Constitution – whether he is referring the the same Venice
Commission related amendments as Justice Minister Petrenko is unclear.
(Perhaps there are other possible amendments to consider?)
Prosecutor General Lutsenko is stating that his former
parliamentary colleagues should vote for a new “Lustration Law” – in which he
implies the end of the panel of judges that may perhaps (indeed probably quite
rightly) rule the current “Lustration Law” unconstitutional.
“If the Constitutional Court
would go against the will of the Ukrainian people – it will be the beginning of
the end of the panel of judges.”
As the judges are not
responsible for the poor text of the legislation that rubs against the
Constitution -but Mr Lutsenko and his parliamentary colleagues that drafted and
voted it into statute at the time are – the inference within the Prosecutor
General’s remarks regarding the future outcome for the judges are somewhat
“unhelpful” if trying to portray an “independent” judiciary, or uphold the
integrity and morality of the Prosecutor General that from such a statement may
be perceived as interfering/influencing/pressuring the Court.
Is the Prosecutor General
seriously stating that the Constitutional Court should rule a prima
facieunconstitutional legislative act (or several parts therein)
constitutional because not to do so would go against the will of the people?
Is it not the case that the legislative act should either meet the
demands of the Constitution of Ukraine, or (perhaps dangerously) the
Constitution of Ukraine be amended to facilitate that legislative act – the
mechanics of which are both primarily the originating responsibility of the
Verkhovna Rada – a body of which until only a few weeks ago Mr Lutsenko has
been a member for decades.
To be clear, the Judges can
hardly be said to be truly free of vested interests, for the “Lustration Law” did
their caste few favours, yet that they become (perhaps temporarily)
beneficiaries of poor Verkhovna Rada work is the responsibility of which
entity?
There are numerous other lesser mortals from within the
Verkhovna Rada also decrying the anticipated Constitutional Court outcome – yet
that anticipated outcome has been predicted from the very day the law was
signed into statute in 2014 – “I’ve thoroughly studied the draft Law
“On Purification of Government” in the version that has been adopted by the
Verkhovna Rada the last week. It is not flawless. It has a lot of
problematic moments.
A lot of innocent people will have to go through a
humiliating procedure. I am not happy with that. I’d wish for the better. But
in current circumstances, the Law will be signed”.
“We will finally put this
issue into legislative framework. It was the main reason for the adoption of
the law. The country must purify itself and it must be carried out under clear
procedure regulated by the law.” – President Poroshenko 4th
October 2014.
It is perhaps no surprise that
with regard to this law in particular, (for a reader can be sure that if a
Ukrainian politician (and President) acknowledges flaws in a law when signing it,
then it really is notably flawed) that this blog has always accompanied any
mention of the “Lustration Law” with the phrase “Legislate in haste –
repent, repeal and pay reparations at leisure!.” as there was always
to be a time of reckoning – and that time is now upon us.
Law of Ukraine "On Lustration"
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