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Pavel Rychetský, President of the Constitutional Court, asked for exclusion of the Constitutional Court of Russia and the Constitutional Court of Belarus from the CECC

In connection with the ongoing invasion of Ukraine by the armed forces of the Russian Federation, the President of the Constitutional Court of the Czech Republic proposed the exclusion of the Constitutional Court of the Russian Federation and the Constitutional Court of Belarus from the Conference of European Constitutional Courts.

The Conference of European Constitutional Courts (hereinafter referred to as the CECC) is the most important organization dedicated to the cooperation of European constitutional courts or similar constitutional bodies which exercise constitutional jurisdiction (judicial review). Since its establishment in 1972, it has sought to promote the independence of the constitutional courts as an essential factor in guaranteeing and implementing democracy and the rule of law, in particular with a view to securing the protection of human rights. Only those European Constitutional Courts which exercise their duties in accordance with the principle of judicial independence and which adhere to the fundamental principles of democracy, the rule of law and the protection of human rights may become members.

Pavel Rychetský, President of the Constitutional Court of the Czech Republic, proposed to the CECC, which he presided over in 2017–2021, to vote immediately on the exclusion of the Constitutional Court of the Russian Federation from the organization (or alternatively on the suspension of its membership). A few days ago, in flagrant violation of international law and contrary to the values on which the international community stands, Ukraine was attacked by the armed forces of the Russian Federation. Pavel Rychetský stated that it is difficult to imagine a conduct more contrary to the principles of democracy, the rule of law and the protection of human rights to which the CECC is committed. In the light of the actions undertaken by Russian Federation, therefore, effective co-operation in good faith between the CECC and the Constitutional Court of the Russian Federation, which is one of the supreme constitutional bodies of that state, can no longer be expected. In addition, Pavel Rychetský recalled in his proposal that the territorial integrity of Ukraine was violated already several years ago by the actions of the Russian Federation on the Crimean Peninsula. The Constitutional Court of the Russian Federation accepted its annexation by the Russian Federation in its judgment of 19 March 2014.  

Belarus is also involved in the current activities against the territorial integrity of Ukraine. For that reason, effective co-operation in good faith between the CECC and the Constitutional Court of the Republic of Belarus, as an associate member of the CECC, can no longer be expected either. Hence, the proposal for exclusion, or suspension, alternatively, also concerns the Constitutional Court of the Republic of Belarus, which has the status of an associate member of the CECC.

A similar motion by the President of the Constitutional Court of the Czech Republic was made to the Permanent Secretariat of the World Conference on Constitutional Justice (WCCJ), of which the Russian and Belarusian Constitutional Courts are also members.

 

In February 2021, Pavel Rychetský, President of the Constitutional Court of the Czech Republic, chaired the last meeting of the Circle of Presidents of the CECC