Constitutional Court of the Republic of Belarus

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The Constitutional Court has considered the motion of the House of Representatives to state its position on conformity of the Act of the Republic of Poland on the Pole’s Card to the generally recognised principles and rules of international law.

On April 7, 2011 in accordance with the Decree of the President of the Republic of Belarus of June 26, 2008 no. 14 «On Certain Measures to Improve the Activities of the Constitutional Court of the Republic of Belarus» on the motion of the House of Representatives of the National Assembly of the Republic of Belarus the Constitutional Court took a decision «On the position of the Constitutional Court of the Republic of Belarus on the Act of the Republic of Poland on the Pole’s Card».

Having examined the provisions of the Act of the Republic of Poland on the Pole’s Card as to its conformity to the provisions of international legal instruments, having considered other documents and materials, the Constitutional Court came to the following conclusions.

the provisions of point 3 of part one of article 2, point 4 of article 13 of the Act of the Republic of Poland on the Pole’s Card in so far as they establish the competence of certain public associations, registered and operating in the territory of the Republic of Belarus, to deal with granting the Pole’s card, as confirming their effect on both subjects of law under the jurisdiction of the Belarusian state and the territory of the Republic of Belarus, do not conform to the generally recognised principles of sovereign equality of states and non-interference in affairs within the internal jurisdiction of any other state, enshrined in the Charter of the United Nations, the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, adopted by the resolution of the General Assembly of the United Nations of October 24, 1970 no. 2625 (XXV), and other basic international legal instruments;

the provisions of part two of article 12, parts five and six of article 13, parts one and four of article 18 of the Act of the Republic of Poland on the Pole’s Card with regard to granting the Pole’s card to citizens of the Republic of Belarus by the consul of the Republic of Poland, performing consular functions in the territory of the Republic of Belarus, do not conform to the provisions of articles 5 and 73 of the Vienna Convention on Consular Relations of April 24, 1963, articles 26 and 29 of the Consular Convention between the Republic of Belarus and the Republic of Poland of March 2, 1992, as their implementation in the territory of the Republic of Belarus implies the violation of the mentioned articles of the conventions which require that no objection is taken by the Republic of Belarus to any functions performed by a consular officer of the Republic of Poland which are not referred to in these conventions; it also implies the violation of the provisions of the Treaty between the Republic of Belarus and the Republic of Poland on Good Neighbourly Relations and Friendly Co-operation of June 23, 1992 on building the interstate relations in the spirit of mutual respect, good neighbourhood and partnership;

the provisions of article 5, points 1 and 2 of part one of article 6 of the Act of the Republic of Poland on the Pole’s Card in so far as they entitle the citizens of the Republic of Belarus, who hold the Pole’s card, to a preferential visa regime and employment benefits, as failing to serve the purposes declared in the Act and being established unilaterally without the consent of the Republic of Belarus, do not conform to the provisions of article 15 of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Poland on Mutual Trips of Citizens, concluded by the exchange of notes on December 20, 2007, as well as to the provisions of article 2 of the Agreement between the Government of the Republic of Belarus and the Government of the Republic of Poland on Mutual Employment of Citizens of September 27, 1995 as they violate the generally recognised principle of the fulfillment in good faith of the obligations assumed by states, enshrined in the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, adopted by the resolution of the General Assembly of the United Nations of October 24, 1970 no. 2625 (XXV), and in articles 26 and 31 of the Vienna Convention on the Law of Treaties of May 23, 1969.