On 12–13 May 2014 the XVIth Congress of the Conference of European Constitutional Courts was held in Vienna.
The representatives of 39 constitutional review bodies from Europe as well as the representatives of the European Court of Human Rights, the European Court of Justice and the European Commission for Democracy through Law (Venice Commission) discussed the issues concerning the topic of the Congress of the Conference of European Constitutional Courts – «The Co-operation of Constitutional Courts in Europe – Current Situation and Perspectives».
The delegation of the Constitutional Court of the Republic of Belarus, being an associate member of the Conference of the European Constitutional Courts, headed by the Deputy Chairwoman of the Constitutional Court Olga G. Sergeeva took part in the forum.
At the opening of the Congress the Federal President of the Republic of Austria Mr. Heinz Fischer addressed the participants of the Congress with a welcoming speech. He emphasisedthe importance of the Conference of European Constitutional Courts for exchanging information concerning the working methods and practices of the constitutional courts, ideas concerning the constitutional justice and for contributing for the independence of constitutional courts as an important element of the guarantee and implementation of democracy, state based on the rule of law.
In his welcoming speech Mr. Gerhart Holzinger – the President of the Austrian Constitutional Court, Chairman of the Conference of European Constitutional Courts – pointed out the necessity of achievement of the highest legal quality of decisions of the constitutional courts exercising review of the observance of the constitution and it’s impartiality, cooperation between national constitutional courts and courts of the European level in order to achieve a common legal space in Europe in the long-run prospect.
In the General Report of the Congress the Judge of the Austrian Constitutional Court Mr. Christoph Grabenwarter exposed the topic of the Congress focusing on such issues as: constitutional courts between constitutional and European law, interaction between constitutional courts and interaction between European courts. The report was based on national reports of 41 Constitutional Court on these issues.
The Constitutional Court of the Republic of Belarus presented its national report on the topic of the Congress with regard to the provisions of the Constitution as well as other laws of the Republic of Belarus, including those concerning the competence of the Constitutional Court.
In particular, it is noted in the national report that the provisions of the Constitution of the Republic of Belarus conform to universal international human rights standards, including the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Belarus, as a European state, when developing its legal system is guided in many respects by legal regulation which is common for all European countries. According to Article 8 of the Constitution the Republic of Belarus shall recognise the supremacy of the generally recognised principles of international law and shall ensure the compliance of laws therewith. That’s why our state has adjusted the entire system of national legislation in accordance with these principles. The Constitutional Court is intended to ensure the supremacy of the Constitution and its direct effect on the territory of the Republic of Belarus, conformity of normative legal acts of state bodies to the Constitution, maintaining of legality in rule-making and law enforcement. At the same time the Constitutional Court of the Republic of Belarus while formulating its own legal positions takes into consideration legal positions of foreign constitutional courts and their arguments and reasons in the analysis of similar legal problems.