On 26th of February 2021, an international round table was held online entitled "Referral of the decisions to the Constitutional Council of the Republic of Kazakhstan by ordinary courts".
The subject of discussion included the review of the laws compliance with the Constitution of the country on the appeals of the courts, consideration of the prosecutors' applications by the judge as well as applications submitted by lawyers and other parties to the proceedings.
During the discussion, the Chairman of the Constitutional Council, Kairat Mami, the President of the Venice Commission, Gianni Buquicchio, the Head of the Cooperation of the European Union Delegation to Kazakhstan, Johannes Stenbaek Madsen, as well as representatives of the Supreme Court, the General Prosecutor's Office, the Venice Commission, the Ministry of Justice and other constitutional review bodies exchanged their opinions, experience and proposals on increasing constitutionality of laws in Kazakhstan. These proposals imply the establishment of a more detailed procedure and requirements for the courts’ consideration of the applications in the procedural codes as well as the identification of the scope of issues ascertained by the judges and the specific grounds for rejection of the applications. The ideas discussed have been taken into account by the Constitutional Council and will be further considered in the frame of the working group's activity.
The activity was implemented in the framework of the action “Promoting Efficient Functioning of State Institutions and Public Administration” which is part of the Central Asia Rule of Law Programme 2020-2023, joint initative financed by the European Union and the Council of Europe and implemented by the Council of Europe.
Press release of the Constitutional Council of the Republic of Kazakhstan
Recording of the online round table
Presentations of the speakers:
- Presentation of the Constitutional Council of Kazakhstan
- Presentation of Mr. Alexandru TĂNASE, Former President of the Constitutional Court of the Republic of Moldova, member of the Venice Commission
- Presentation of Ms. Claire BAZY MALAURIE, Vice-President of the Venice Commission, Member, Constitutional Council, Former member of the Auditors' Board, France
- Presentation of Mr. Cesare PINELLI, Head of the Public Law Section, Legal Science Department, "La Sapienza" University, Italy, substitute member of the Venice Commission
- Presentation of Mr. Jung-Won KIM, Deputy Secretary General of the Constitutional Court of the Republic of Korea, substitute member of the Venice Commission
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