The Message of the Constitutional Court to the President of the Republic of Belarus, the House of Representatives and the Council of the Republic of the National Assembly of the Republic of Belarus “On Constitutional Legality in the Republic of Belarus in 2011” has been adopted on the basis of materials studied and considered by the Court.

1. In 2011 in the exercise of obligatory preliminary review the Constitutional Court examined 109 laws, adopted by the House of Representatives and approved by the Council of the Republic – before they were signed by the President of the Republic of Belarus. All the reviewed laws were recognised to be conforming to the Constitution. However, based on the constitutional provisions under which the Republic of Belarus shall be bound by the principle of supremacy of law, the Constitutional Court formulated in its decisions about 30 legal positions through clarifying the constitutional and legal meaning of the law rules. These positions are aimed at ensuring legal certainty, legality, equality and justice with a view to avoid an unconstitutional law-enforcement.

2. On the motion of the House of Representatives the Constitutional Court stated its legal 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. The Constitutional Court concluded that some of the provisions of that act are in conflict with a number of generally recognised principles of international law. On the basis of the Constitutional Court decision the Parliament made relevant changes and additions to the laws of the Republic of Belarus «On Civil Service in the Republic of Belarus», «On Public Associations».

3. In 2011 837 appeals of individuals and organisations were submitted to the Constitutional Court. It was pointed therein at the required changes and additions to legislation and review of constitutionality of normative legal acts. There were as well complaints against law-enforcement actions by state bodies and officials, decisions of general and economic courts. Some of them gave grounds for the Constitutional Court decisions aimed to fill constitutional and legal gaps with a view to protect the rights and freedoms of citizens.

4. In assessing constitutional legality in 2011 the Constitutional Court considers that supremacy of the Constitution was in general upheld in the legislative process and law-enforcement and a mechanism to better ensure the rights and freedoms of citizens was created and implemented. Thereat the Constitutional Court points out that only unconditional adherence to the constitutional principle of supremacy of law in rule-making and law-enforcement would allow the legislator to provide a stable, clear and up-to-date legislation and would enable law-enforcement authorities to ensure the effective protection of the rights and freedoms of citizens and organisations.