09 August 2024
Wartime Constitutionalism and the Politics of Constitutional Review in Ukraine
On 18 July 2024, Ukraine’s Constitutional Court issued a decision concerning the rights of the accused in criminal proceedings under martial law. The extension of detention, the Court ruled, can only be issued based on a reasoned court decision—this applies even in times of war. In this blogpost, we examine how the war has influenced the ways in which various actors engage with constitutional complaints, before discussing the Constitutional Court's recent decision on Article 615.6 of the Criminal Procedure Code. We argue that this ruling exemplifies how the Constitutional Court can maintain the relevance and practical significance of its decision-making in wartime. Continue reading >>
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11 July 2023
Weaponizing Russia’s Memory Law
Russia is increasingly using its “memory law” to put pressure on potential critics of the Russian attack on Ukraine. While it is being used to crack down on anti-war dissenters, it also provides a (false) pretext of a legitimate societal cause for its application. In this way, the laws are used to create a mood of paranoia and fear among the population, and a feeling as if the country were in a besieged fortress. Continue reading >>
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08 May 2023
World War 2 Memories in Lithuania and Ukraine
On May 8, 2023, Lithuania and Ukraine, along with other European countries, meet the annual anniversaries of the end of World War 2 in Europe in 1945. Meanwhile, Russia holds a national holiday tomorrow on May 9 to commemorate the Soviet victory over Nazi Germany, which is the most important holiday in Russia and became a cult practice for uniting Russians after 2000. The anniversary finds Ukraine in the midst of fighting off present-day Russian aggression. Lithuania finds itself worrying about its defense, dealing with memory incidents and among the biggest supporters of Ukraine. Russia, however, finds itself more isolated than ever and scaling back the celebration: According to Moscow because of expected ‘drone strikes’, but more likely due to ‘fear of popular protests.’ This blog entry takes stock of legal measures by two nations to countervail Russia’s decades-long mnemo-political aggressiveness. Continue reading >>15 June 2021
No Country for ‘Old Men’
On 2 June 2021, Ukraine’s President Volodymyr Zelensky submitted a bill on the status of oligarchs before the Ukrainian parliament. The bill would have wide-ranging implications. It does not only provide a definition of who counts as an oligarch but also provides measures to reduce the influence of oligarchs in media and public life. Continue reading >>
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05 December 2020
A Damaged Court Causing a Constitutional Crisis
In late October 2020, Ukraine’s Constitutional Court found major elements of Ukraine’s legal framework on combatting corruption unconstitutional. The decision was met with so much backlash that the rule of law in Ukraine is now at stake. Additionally, it has caused a deep rift within the Constitutional Court itself, which is currently unable to take decisions as a number of justices refuse to participate in proceedings. The decision has thus not only undermined the ongoing efforts to fight corruption but has thrown Ukraine into a veritable constitutional crisis. Continue reading >>
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24 March 2020
Ukraine’s Presidents and the Judiciary: An Uneasy Relationship
On March 11, 2020, Ukraine’s Constitutional Court issued a decision dealing with the judicial reform of President Volodymyr Zelensky. The Court cooled down the reformist zeal of the presidential office by proclaiming major changes to the legislation on the judiciary unconstitutional. The Court’s decision strengthens judicial independence in Ukraine which is tainted with the legacy of politicization of past presidencies. Continue reading >>
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16 April 2019
A Juncture of Transitional Justice: Ukraine’s Constitutional Court and the National Lustration Law
The presidential race and upcoming second round of elections currently take all attention in the news coverage on Ukraine. Meanwhile there is a case pending before the Constitutional Court that challenges the constitutionality of the 2014 lustration law. The outcome of these proceedings could shatter the post-transition constitutional law order in Ukraine in a profound way. Continue reading >>
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