ISSUES OF COURTS’ APPEAL TO THE CONSTITUTIONAL COUNCIL WERE DISCUSSED

ISSUES OF COURTS’ APPEAL TO THE CONSTITUTIONAL COUNCIL WERE DISCUSSED

On February 26, 2021, an international round table was held online entitled "Referral of cases to Constitutional Council by ordinary courts".

The event is organized by the Constitutional Council in cooperation with the Venice Commission within the framework of the joint Council of Europe – European Union Programme “Central Asia Rule of Law Programme for 2020-2023".

Opening the round table, the Chairman of the Constitutional Council Kairat Mami noted that the institution under consideration currently is widely used in a number of European and other countries. In general, this mechanism is designed to serve to ensure the rule of law and develop the country's legal system with the leading role of the Constitution of the Republic.

President of the Venice Commission Gianni Buquicchio and Head of the Cooperation at the European Union Delegation to Kazakhstan Mr. Johannes Stenbaek Madsen also addressed the participants with welcoming words.

Representatives of the Constitutional Council, the Supreme Court, the General Prosecutor's Office, the Ministry of Justice, the Bar, legal scholars, as well as foreign experts representing the Venice Commission and the constitutional review bodies and the legal community of France, Italy, Korea, Moldova and other countries made reports at the Forum.

The roundtable participants noted that review the constitutionality of laws is an important guarantee of protecting human rights and freedoms. According to the Constitution, such proceedings are initiated by the courts, to which the parties to the proceedings may submit motions.

The Constitutional Council has made specific proposals aimed at increasing the efficiency of this institution. These include the establishment in the procedural codes of a more detailed procedure for the consideration of the noted motions by the courts, the requirements for them, he scope of the questions to be ascertained by the judge and the specific grounds for refusal.

The recommendations and suggestions of experts will be taken into account by the working group in its further work.