Room for further legislative improvement
Alexander Lukashenko believes that the role of the Constitutional Court needs gradual enhancement. Addressing Mr. Miklashevich, he noted, “The most experienced and literate lawyers work with you. However, the Constitutional Court is yet to play its true role. It seems to me its role should be increased gradually, as we previously agreed. I want you not only to unmask shortcomings but, in enhancing the role of the Constitutional Court, more vigorously influence relevant subjects of our public life regarding constitutionality of their actions, bringing order to the law. This is vital.”
Mr. Lukashenko expressed a wish for the Constitutional Court to more actively participate in the work of international organisations. He is keen to discuss the role of the Constitutional Court, including improvements to its activity and judicial proceedings in their widest sense, with participation of judges and specialists.
Mr. Miklashevich noted that, in June 2008, a Presidential Decree expanded the Constitutional Court’s authority, granting the right to check the constitutionality of laws adopted by the National Assembly (before they are signed by the President). “No other European Constitutional Court boasts such authority,” he added.
In recent times, the Constitutional Court has done much in this direction, checking 444 laws adopted by Parliament. All were recognised as meeting the Constitution. Mr. Miklashevich believes that this proves that the law making process of the country enjoys a high level. Moreover, laws are thoroughly prepared, being agreed by corresponding state bodies. Respect for the major law of the country — the Constitution — is evident.
Certain shortcomings have been detected by the Constitutional Court, which has worked out over one hundred legal views to point out law gaps, to explain the essence of laws and to respond to questions of legal practitioners in order to avoid distortion of the constitutional legal essence of the law.
The President has been informed that, last year, the Constitutional Court made a decision to assess whether the ‘Pole’s Card’ meets international norms and principles. As a result, some changes have been introduced. As regards the application of the law, Mr. Miklashevich stressed that the country has elaborated a mechanism to allow citizens indirect access to constitutional justice — through plenipotentiary bodies: the Government, the House of Representatives, the Council of the Republic, the Supreme and Higher Economic Courts and the President.
During the meeting, it was agreed to further discuss the setting up of an institution monitoring human rights relating to the Constitution, which could address the Constitutional Court.