Search
Generic filters

Supported by:

21 January 2021

False Dilemma

On 29 December 2020, Volodymyr Zelenskiy, President of Ukraine, suspended the Constitutional Court’s Chairman Oleksandr Tupytskyi from office by Decree 607/2020. This step is part of his ongoing conflict with the Constitutional Court caused by Decision 13r-2020 of the Constitutional Court in late October 2020. Although the rule of law is being undermined in this conflict this is not due to the false dilemma between the rule of law and the fight against corruption as purported by the president. Continue reading >>
0
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 >>
0
19 March 2019

Romania – Another Brick in the Wall Fencing the Fight against Corruption

On 4 March 2019, the Romanian Constitutional Court published its decision on two protocols of cooperation between the Romanian Intelligence Service and the National Prosecutor’s Office. This much-awaited decision is the latest but not the final step in a saga which started more than 15 years ago. Continue reading >>
06 June 2018

The Taming of the Court – When Politics Overcome Law in the Romanian Constitutional Court

The Romanian Constitutional Court has backstabbed the Romanian President in his efforts to protect the independence of the chief anti-corruption prosecutor. On 30 May 2018, the Constitutional Court ordered the President to dismiss the chief anti-corruption prosecutor via presidential decree. Before, the President had refused the proposed dismissal by the Minister of Justice based on an Advisory Opinion of the Superior Council of Magistracy that stated that the reasons brought forward against the chief prosecutor were not substantiated enough to justify a dismissal. Continue reading >>
0
15 February 2017

Living Democracy in Romania: From Protest to Referendum ?

What happened in Romania in the aftermath of the so called “Second Black Tuesday”? People were demonstrating on the street, Romanian authorities spoke up, the Constitutional Court came to rule twice, ultimately a popular referendum on anti-corruption measures is being discussed. Could this be a strong sign for the rule of law against the backdrop of corruption? Continue reading >>
Go to Top