Ukraine – Constitutional Court begins discussion of 2004 reforms

In Ukraine the Constitutional Court has begun discussion of the 2004 constitutional reforms. The Court will decide whether or not the reforms were passed constitutionally. If they decide that they were not, then they will be struck down. My understanding is that such a decision would not lead to an automatic return to the pre-2004 situation. However, I am not yet sure what the precise consequences of the decision would be. Generally, though, the decision would be consistent with President Yanukovych’s seeming desire to increase the president’s hold over the system.

The Court is discussing the reforms only a few days after four of the Court’s judges were dismissed and new judges, reportedly supporters of the president, were appointed in their place. There is a very informative article at Ukraine Today that discusses both the appointments specifically, the current political composition of the Court, and the Court’s role in the political process more generally. Overall, there seems little doubt that the 2004 reforms will be struck down.

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