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 Global Review of
Constitutional Law
2023
EDITED BY

RICHARD ALBERT
D AV I D L A N D A U
P I E T R O FA R A G U N A
AND GIULIA ANDR ADE
Hosted, Published, and Sponsored by the Program on
Constitutional Studies at the University of Texas at Austin and
the International Forum on the Future of Constitutionalism,
in partnership with I-CONnect: The Blog of the International
Journal of Constitutional Law

ISBN 978-1-7374527-7-5
TABLE OF CONTENTS

2 INTRODUCTION 202 Japan

3 The Global Review Turns Eight 209 Kazakhstan
214 Kenya
4 Contributors 220 Kosovo
225 Kyrgyz Republic
12 JURISDICTION REPORTS 230 Latvia
235 Lesotho
17 Albania 240 Liechtenstein
13 Argentina 245 Lithuania
23 Australia 250 Malaysia
28 Austria 255 Malta
33 Bangladesh 258 Mexico
38 Barbados 263 Mongolia
43 Belarus 267 Mozambique
47 Belgium 271 Netherlands
52 Bolivia 276 New Zealand
56 Bosnia and Herzegovina 281 Nigeria
61 Brazil 286 North Macedonia
67 Cabo Verde 291 Pakistan
72 Chile 296 Paraguay
77 China 301 Peru
83 Colombia 306 Philippines
89 Cuba 311 Poland
94 Cyprus 316 Portugal
98 Denmark 321 Romania
103 Dominican Republic 326 Russia
108 Ecuador 331 Saint Lucia
113 Egypt 338 Serbia
118 Estonia 343 Slovakia
124 Ethiopia 349 Slovenia
129 France 354 Spain
134 Georgia 359 Sweden
140 Germany 364 Switzerland
145 Ghana 368 Taiwan
149 Greece 373 Thailand
153 Guatemala 378 Tunisia
158 Honduras 383 Turkey
162 Hong Kong 388 Uganda
167 Hungary 393 Ukraine
172 India 398 United Kingdom
177 Indonesia 404 Uruguay
182 Iran 407 Venezuela
187 Iraq
192 Israel 412 JURISDICTION SUMMARIES
197 Italy

CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW | 3
 UKRAINE

OLEKSANDR MARUSIAK II. MAJOR CONSTITUTIONAL

Dr. iur., Senior Research Fellow, Scientific Research Institute of DEVELOPMENTS
State Building and Local Government of National Academy of Law
Sciences of Ukraine, Visiting Scholar at SMU (Southern Methodist 1. Russia-Ukraine War and Human Rights
University), Dedman School of Law (2023-2024) Challenges

SERGIY PANASYUK Any war presents numerous problems for the state and society; un-
Ph.D., Professor at Ukrainian-American Concordia University fortunately, Ukraine is no exception in this regard. In its efforts to
(Kyiv, Ukraine), a Visiting Fellow at Cologne/Bonn Academy in resist the aggressor, the national government implemented a series of
Exile (Cologne/Bonn, Germany), a former Academic Consultant of controversial measures in 2022 and continued this trend in 2023 con-
Judge of the Constitutional Court of Ukraine (2017-2022) cerning an extraordinary regime of martial law and general mobiliza-
tion measures. Ukraine continued enforcing numerous human rights
VOLODYMYR KOCHYN restrictions affecting all male Ukrainian citizens aged 18 to 60 (with
Ph.D., Senior Researcher, Academic Consultant of Judge of the certain exceptions), including a prohibition on international trav-
Constitutional Court of Ukraine, Senior Researcher at Academician el for those subject to mobilization. Sadly, the actual administrative
F.H. Burchak Scientific Research Institute of Private Law and Entre- practices toward mobilization and travel bans led to disproportionate
preneurship of the National Academy of Legal Sciences of Ukraine human rights limitations, often lacking legal justification in practice.
Most of the implemented restrictions suffered from legal uncertainty,
which fostered arbitrary discrimination against male citizens by pub-
lic officials responsible for mobilization measures. Such a situation
has caused many corruption-related scandals, drawing criticism from
civil society. Following the unsuccessful Ukrainian counter-offensive
I. INTRODUCTION of 2023, which resulted in high casualties and limited territorial gains,
the government presented a new mobilization draft law in Parliament
Russian aggression against Ukraine continued in 2023. The aggres-
by the end of the year. Nevertheless, the general societal attitude to-
sor tried to deny Ukrainian statehood and looked for ways to dis-
wards all war-related issues and human rights restrictions changed
criminate against constitutional bodies, in particular by promoting
dramatically since 2022. Measures that were perceived in 2022 as
the idea of “external control”. Despite this, the constitutional bodies
necessary and, perhaps, reasonable, in 2023 began to be viewed as ob-
continue to exercise their powers in the manner prescribed by law.
noxious and discriminatory. The absence of consistent and transparent
Under Article 64.2 of the Constitution of Ukraine, in martial law
constitutional policy on martial law and human rights restriction only
conditions, some restrictions of constitutional rights and freedoms
provokes fear and displeasure among ordinary citizens.
could be established with an indication of the period of validity of
such restrictions. However, the decree of the President of Ukraine
2. Martial Law and Parliamentary Elections
No. 64/2022 from February 24, 2022 (which permanently extended
martial law throughout 2023) did not contain any specific restric-
Free and competitive elections are one of the leading indicators of
tions, leaving the relevant authorities with the discretionary powers
any modern democratic government. During the reporting period
established by the Law of Ukraine “On the Legal Regime of Martial
of 2023, parliamentary and presidential elections were among the
Law”.1 Overall, Ukraine continues the European integration vector
primary issues discussed in Ukraine.
toward establishing the rule of law; however, severe challenges to
the human rights situation because of martial law became more tan-
Ukraine did not hold regular parliamentary elections in October 2023
gible in 2023.
because the Constitution and the law prohibit such elections during

CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW | 393
 martial law. The presidential elections should maps of occupied territories and presumes the European Commission for Democracy
UKRAINE

have been held in March 2024. However, the the migration of people to the territories free through Law (also known as the Venice
Constitution remains silent about presiden- from Russian troops, such a reason for the Commission) on five specific substantive
tial elections during martial law: the prohi- election ban seems questionable. and procedural issues raised by this pending
bition of presidential elections exists only at application. One of the key questions was
the level of law, not the Constitution. In any case, it is impossible to hold elec- whether an opinion on the conformity of a
tions before the active phase of the warfare constitutional amendment draft law with the
According to the Constitution, the Parlia- ceased. However, another risk should also requirements of Article 157.2 could be giv-
ment and the President are elected for five be considered: Ukrainian authorities can en during the actual period of martial law.
years (Articles 76.1 and 103.1). However, in enact a state of emergency after canceling
the event of a proclamation of martial law, martial law, which also bans elections. Such In March 2023, the Venice Commission ad-
the Parliament should continue its work un- a move, of course, can undermine the legiti- opted an amicus curiae brief addressing the
til a new one is elected after the martial law macy of public authorities in Ukraine. issues raised. The Commission noted that
expires (Article 83); there is no equivalent two alternative interpretations of the consti-
clause for the President of Ukraine. On the 3. A Priori Review of tutional provision prohibiting constitutional
other hand, the President of Ukraine per- Constitutional Amendment amendments in Ukraine during martial law
forms his or her duties until the newly elect- during Martial Law: Venice are possible (paras. 21-37, 69-71). Accord-
ed President of Ukraine takes office (Article Commission’s Amicus Curiae ing to interpretation #1, the Constitution
108.1), and presidential elections are to be Brief on Draft Law No. 5133 precludes any possibility for the CCU to
held under the Constitution and the law. issue an opinion on constitutional amend-
If the law prohibits presidential elections The Constitution of Ukraine establishes a ments during martial law, as such an opin-
during martial law, there definitely will be rare procedure for amending the Constitu- ion is an integral part of the constitutional
legal room for such a matter. The Consti- tion, with mandatory preliminary involve- amendment process. Under interpretation
tutional Court of Ukraine could efficiently ment of the Constitutional Court of Ukraine #2, the Constitution prohibits only the final
resolve these so-called inconsistencies in (CCU). The CCU conducts a priori, i.e. adoption of constitutional amendments, not
the text of the Constitution by providing an ex-ante or preliminary, judicial review of the preparatory or intermediate steps in that
opinion on the matter. However, no request constitutional amendments before they are process, since the actual adoption of consti-
for such an interpretation of the Constitu- adopted by Parliament. As mentioned in tutional amendments is the responsibility of
tion was submitted to the Court in 2023. the 2021 report,2 a draft law on constitu- Parliament, not the CCU. While expressing
tional amendment No. 5133, aimed at es- a slight preference for interpretation #2, the
Except for the legislative disputes men- tablishing a new procedure for appointing Venice Commission stated that only the
tioned, some other problems would have and dismissing the Director of the National CCU itself should reach the official conclu-
been faced if elections had been held during Anti-Corruption Bureau and the Director of sion on the interpretation of Article 157(2).
the war. The first and the main are the se- the State Bureau of Investigation, was reg-
curity challenges. From the first view, it istered in Parliament in February 2021. In Despite receiving the Venice Commission’s
seems right to ban elections because any March 2021, by Article 159 of the Consti- amicus curiae brief with a clear response,
mass crowds of people can be easy targets tution, the Parliament requested the opinion the CCU remains reluctant to give an opin-
for missile attacks. On the other hand, de- of the CCU on draft law No. 5133, but the ion on draft law No. 5133.
spite the apparent security concerns, the CCU did not respond in time. Since mar-
Ukrainian government allowed sports tial law was declared on the entire territory 4. Selection of Judges of the Con-
events with viewers in the stadiums. of Ukraine in 2022, and the Constitution stitutional Court of Ukraine: An-
of Ukraine explicitly prohibits amending other Law on Competitive Process
Another possible reason for the election ban the Constitution during a period of martial
is the occupation of Ukraine’s territories, law or a state of emergency (Article 157.2), As mentioned in the 2022 report on
which will limit voting rights. It can be a the CCU faced a dilemma with a pending Ukraine,3 the European Commission rec-
reasonable argument, but the last presiden- motion on Draft Law No. 5133, as a priori ommended that Ukraine enact and imple-
tial and parliamentary elections were held judicial review has never been carried out ment legislation on a selection procedure
after the occupation of Crimea and parts of during martial law. for CCU judges in line with the Venice
the Donetsk and Luhansk regions. Despite Commission’s recommendation. Such im-
the increasing number of occupied territo- In December 2022, the Acting Head of the plementation was not without flaws,4 but at
ries after February 2022, if one analyzes CCU requested an amicus curiae brief from the end of 2022, Law No. 2846-IX on the

394 | 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN
revision of the competitive selection pro- The purpose of the AGE remained the same: 1. CCU Decisions No. 5-r(II)/2023

UKRAINE
cedure for CCU judges entered into force. to assist in assessing the moral qualities and and No. 9-r(II)/2023 (Second Sen-
However, on January 25, the President level of competence in the law of candidates ate), No. 6-r(I)/2023 (First Senate)
of the Venice Commission sent a letter to for CCU judges. Within six years from the on Administrative Responsibility
the Chairman of the Ukrainian Parliament date of the entry into force of Law No.
stating that while most of the critical rec- 3277-IX, the composition of the AGE of six These decisions are related to the constitu-
ommendations contained in the Venice persons shall be formed as follows: (1) the tionality of prescriptions, which establishes
Commission’s previous opinion had been President of Ukraine, the Parliament and administrative responsibility. The CCU has
followed, two key recommendations–con- the Council of Judges shall each appoint checked the disputed norms for their com-
cerning the powers of the Advisory Group one member; (2) the Cabinet of Ministers pliance with the principles of individual-
of Experts (AGE), an advisory body to as- shall appoint three members on the proposal ization of punishment and proportionality.
sist the subjects of appointment of the CCU of the Venice Commission (one person) and Thus, the provisions of Articles 481, 483 of
judges in assessing the moral qualities and other international/foreign organizations the Customs Code of Ukraine (further – the
level of competence in the field of law, and provided Ukraine with international techni- Code) and Article 44 of the Law of Ukraine
its composition–had not been met in the ad- cal assistance in the areas of constitution- “On State Market Supervision and Control
opted law. Therefore, the Venice Commis- al reform, the rule of law, the protection of of Non-Food Products”5 (further – Law No.
sion cannot delegate a candidate member to human rights and the prevention and com- 2735) had no alternative sanctions for rele-
the AGE. Other international organizations, bating of corruption over the past five years vant offenses.
which had been invited to send two experts (two persons). In addition, each member
to the AGE, also followed the Venice Com- of the AGE has a deputy appointed by the In Decision No. 5-r(ІІ)/2023, the CCU has
mission’s example, bringing the process of same body as the member. stated that prescriptions of Article 483.1 of
establishing the AGE to a dead-end. the Code have a criminal-legal nature. It
The AGE held its first official meeting on 12 follows from the content of the sanction of
There was an urgent need to change the November 2023 to elect its Chairman and Article 483.1 of the Code, that the legisla-
competitive component of the selection of Secretary and adopt its Statute. On 4 De- tor defined the measure of administrative
CCU judges and to start the competitive cember 2023, the AGE adopted the method- responsibility (100 percent of the value of
process again. A new draft law to clarify ology for assessing the moral qualities and the goods fine), which is not fair and corre-
the competitive selection of candidates for level of competence in the field of law of sponds to a legitimate goal, which could be
CCU judges was registered in Parliament CCU judge candidates. By the end of 2023, achieved by court discretion. The impossi-
only on May 25. On July 27, Parliament the AGE had received all the documents of bility of choosing the type and size of the
passed the draft law No. 9322 as Law No. CCU judge candidates and started to con- administrative sanction taking into account
3277-IX, which entered into force on 20 duct their background checks. the circumstance of the case makes it im-
August. possible for the court to reasonably consider
In conclusion, Ukraine has made progress in the case. Such legislative regulation contra-
On September 14 and 18, the competitions implementing the European Commission’s dicts the principles of a democratic society
for vacant judicial seats from respectively recommendation on the legislative frame- based on the rule of law.
the Parliament’s and Council of Judges’ work for the selection procedure of CCU
quotas commenced. A total of 29 candidates judges. However, the actual results of the Unlike the previous case, in Decision No.
submitted their applications for the 3 vacant competitive selection process, which started 6-r(I)/2023, the CCU has recognized the
seats from the Parliament’s quota, while 16 in 2023, will not be visible until 2024. prescriptions of Article 481.6.2 of the Code
candidates applied for the 2 vacant seats as constitutional. The sanction of this norm
from the Congress of Judges’ quota. III. CONSTITUTIONAL establishes the imposition of a fine in the
CASES amount of ten thousand tax-free minimum
In October 2023, the Venice Commission incomes of citizens or confiscation of a ve-
endorsed the urgent follow-up opinion on In 2023, the CCU delivered a total of 12 deci- hicle. The possibility of applying a prop-
Law No. 3277-IX. The Commission noted sions. The Grand Chamber adopted only one erty sanction should make it economically
with satisfaction that the main recommen- decision, the First Senate adopted two deci- unprofitable to violate customs rules com-
dations it had formulated had been followed sions, and the Second Senate had nine deci- pared to their compliance and, accordingly,
in Law No. 3277-IX and announced that it sions. As mentioned above, no opinions on the contribute to the achievement of the goal
could proceed with the election of a mem- constitutional amendment draft law have been of administrative responsibility. The estab-
ber and a substitute member of the AGE. delivered during the reporting period. lishment of the contested provision of the

CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW | 395
 Code of alternative types of basic admin- and Transitional Provisions” of the Law of prosecutor’s office. For the specified period,
UKRAINE

istrative fines enables the individualization Ukraine “On Amendments to Certain Leg- the remuneration of employees of the Gen-
of administrative fines by the court, taking islative Acts of Ukraine Regarding Priority eral Prosecutor’s Office of Ukraine, region-
into account the entire set of circumstances Measures for the Reform of Prosecutor’s al prosecutor’s offices, local prosecutor’s
of the case within the limits of the legally Organs”6 (further – Law No. 113), accord- offices, and military prosecutor’s offices is
defined sanction and, as a result, the imple- ing to which: “from the date of entry into carried out in accordance with the resolu-
mentation of the principle of individualiza- force of this Law, all prosecutors (...) are tion of the Cabinet of Ministers of Ukraine,
tion of legal responsibility. considered to have been personally warned which establishes the remuneration of em-
in due order about a possible future dis- ployees of prosecutor’s offices”, which was
In Decision No. 9-r(ІІ)/2023, the CCU missal from their position on the basis of recognized as unconstitutional.
stated that measures to prevent violations paragraph 9 of the first part of article 51 of
of legislation on the quality and safety of the Law of Ukraine ‘On the Prosecutor’s The CCU believes that granting the Cabi-
goods, products, and all types of work and Office’”, which was recognized as uncon- net of Ministers of Ukraine the authority
services should be deterrents. The existing stitutional. to regulate the issue of remuneration of
strict system of determining the sanction for prosecutors cannot be recognized as meet-
the violator of the legislation on the safe- In this case, the CCU has concluded that ing the constitutional requirement for state
ty of non-food goods and products did not the state’s provision of adequate guarantees authorities to exercise their powers within
provide the subject of imposing an adminis- against the illegal dismissal of a prosecutor the limits established by the Constitution of
trative penalty, the implementation of which whose activities are related to the function- Ukraine and in accordance with the laws of
would make it possible to individualize the ing of the justice system is not only an ele- Ukraine. One of the final prerequisites for
legal responsibility of the violator and apply ment of the prosecutor’s status but also one the independent activity of the prosecutor’s
to him a presumptive measure of legal obli- of the prerequisites for the realization of the office, impartial, unprejudiced, effective
gation. The contested provision of Law No. constitutional right to judicial protection. executions of powers by prosecutors, is the
2735 (a fine in the amount of three thousand Therefore, the dismissal of any prosecutor appropriate level of their material and social
tax-free minimum incomes of citizens) did is possible only in the manner and on the support, which must be guaranteed in such
not create conditions for achieving a fair grounds determined by the law, the norms a way as to make it impossible to influence
balance during law enforcement between of which must meet the requirements of the prosecutors when they make decisions. The
the requirements of the public interest in rule of law, must be aimed at achieving a above provides grounds for the conclusion
ensuring a high level of protection of con- legitimate goal, and the means used during that the remuneration of prosecutors – a
sumer rights and the protection of a person’s the dismissal must be reasonable (propor- guarantee of their independence, which is
property rights since the contested provision tional). In addition, the prosecutors, who an inseparable element of their legal status,
of Law No. 2735 imposes an individual and were subject to the disputed provision of and therefore a component of the organiza-
excessive burden on a person, and therefore Law No. 113, did not have the opportunity tion and procedure of the prosecutor’s office
they are grounds for excessive state inter- to clearly understand the content, foresee within the meaning of Article 131-1 of the
ference in the property rights guaranteed by the legal consequences of its application Constitution of Ukraine – should be deter-
Article 41 of the Constitution of Ukraine. and plan their further actions. mined only by law.

2. CCU Decisions No. 1-r(II)/2023 Decision No. 8-r(ІІ)/2023 had as its subject 3. Ruling of Grand Chamber
and No. 8-r(II)/2023 (Second Sen- the third paragraph of Clause 3 of Section of Supreme Court: Oleksandr
ate) on Legal Status of Prosecutors II “Final and Transitional Provisions” of Tupytskyi Case, № 9901/96/21
Law No. 113: “by prosecutors and heads
Among the decisions, those concerning the of regional, local and military prosecutor’s On October 19, 2023, the Ukrainian Su-
legal status of prosecutors in Ukraine (Sec- offices, prosecutors and heads of structur- preme Court decided in the case of the pres-
ond Senate) should be singled out since in the al subdivisions of the General Prosecutor’s idential decree suspending the two judges
2016 version of the Constitution of Ukraine, Office of Ukraine the corresponding legal of the CCU from office (one of them was
Chapter VII “Prosecution” became invalid, status that they had before the entry into former CCU Head Oleksandr Tupytskyi).
and the Prosecutor’s institution was trans- force of this Law is preserved, when per-
ferred to the justice system (Article 131-1). forming the functions of the prosecutor’s In March 2021, President Zelenskyy signed
office until the day of their release or trans- a decree,7 which cancelled the decrees of for-
Decision No. 1-r(ІІ)/2023 concerned the fer to the Office of the General Prosecutor, mer President Yanukovych by which the two
prescription of Clause 6 of Section II “Final the regional prosecutor’s office, the district CCU judges were appointed and, as a result,

396 | 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN
dismissed them from office. The legality of the fight for democracy and the legitimization venice.coe.int/webforms/documents/?pd-

UKRAINE
such action was discussed among expert so- of the powers of the President of Ukraine and f=CDL-AD(2023)021-e
ciety because there were no legal reasons for the Parliament. There is an impression that
cancelling the former President’s decree and, the Ukrainian people have an understand- Venice Commission, Urgent follow-up
as a result, dismissing judges. After all, only ing that the only source of power belongs to opinion to the opinions on the Law “On
the CCU has such powers. them and a consciousness of the main goals Amendments to certain legislative acts of
that should be implemented during the war – Ukraine to clarify the provisions on the
In April 2021, 49 MPs applied to the CCU directing efforts to victory and unity of civil competitive selection of candidates for
regarding the constitutionality of such de- society, business and the state. the position of judge of the Constitutional
crees. Unfortunately, the CCU has not de- Court of Ukraine”, issued on 25 Septem-
cided on this case yet. On the other hand, V. FURTHER READING ber 2023 pursuant to Article 14a of the
the Court showed its position when it re- Venice Commission’s Rules of Procedure,
fused to swear in two new judges appointed English Summaries of the Constitution- endorsed by the Venice Commission at its
by the President as replacements for the two al Court of Ukraine Decisions in 2023, 136th Plenary Session (Venice, 6-7 October
dismissed. https://ccu.gov.ua/en/docs/5910, accessed 2023), CDL-AD(2023)042, https://www.
14 April 2024. venice.coe.int/webforms/documents/?pd-
On July 14, 2021, the Administrative Court f=CDL-AD(2023)042-e
of Cassation of the Supreme Court upheld8 Sergiy Panasyuk, Maymulakhin and Markiv
the claim of the former Head of the CCU, v Ukraine: Perspectives on Same-Sex Re-
Oleksandr Tupytskyi, to the President of lations in Ukraine in Light of the Euro-
Ukraine, finding the decree illegal and an- pean Court of Human Rights’ Decision,
nulling it. The Administrative Court noticed The Oxford Human Rights Hub Blog, Au-
that such a President’s actions violated the gust 24, 2023, at: https://ohrh.law.ox.ac.
guarantees of independence and inviolabili- uk/maymulakhin-and-markiv-v-ukraine-
ty of a CCU judge. perspectives-on-same-sex-relations-in-
ukraine-in-light-of-the-european-court-of-
In 2023, the Grand Chamber of the Supreme human-rights-decision/
Court ended this case, noting9 that the Pres-
ident of Ukraine, exercising the powers Sergiy Panasyuk, The Separation of
granted to him regarding the formation of Powers and Ukrainian Public Policy in
the composition of the CCU, can only de- Wartime, IACL-AIDC Blog (19 March
cide on appointing judges to the CCU. The 2024), at: https://blog-iacl-aidc.org/2024-
cancellation of the decree on the appoint- posts/2024/3/19/the-separation-of-powers-
ment of a judge of the CCU is not a way and-ukrainian-public-policy-in-wartime
to exercise the constitutional powers of the
President of Ukraine. The Grand Chamber Venice Commission, Amicus curiae Brief
decided that the presidential decree was is- relating to the procedure for appointing
sued outside the president’s powers. There- to office and dismissing the Director of
fore, the decree does not meet the criteria the National Anti-Corruption Bureau and
defined in Ukrainian legislation and violates the Director of the State Bureau of Inves-
1 Law No. 389-VIII of May 12, 2015.
the rights and interests of the former head tigation, adopted by the Venice Commis- 2 2021 Global Review of Constitutional Law, pp. 363-364.
3 2022 Global Review of Constitutional Law, pp. 360-361.
of the CCU in legal relations regarding his sion at its 134th Plenary Session (Venice, 4 Sergiy Panasyuk, ‘Why the Selection Process for Judges of
Ukraine’s Constitutional Court May Become a Stumbling
public service, in connection with which the 10-11 March 2023), CDL-AD(2023)004, Block for EU Membership’, IACL-AIDC Blog (23 Febru-
president’s decree should be canceled. https://www.venice.coe.int/webforms/doc- ary 2023) https://blog-iacl-aidc.org/2023-posts/2023/2/23/
why-the-selection-process-for-judges-of-ukraines-con-
uments/?pdf=CDL-AD(2023)004-e stitutional-court-may-become-a-stumbling-block-for-eu-
membership.
IV. LOOKING AHEAD 5 Law No. 2735-VI of December 2, 2010.
6 Law No. 113-IX of September 19, 2019.
Venice Commission, Opinion on the Law 7 The Ukraine President Decree No 124/2021 (Mar. 27,
Unlike in 2022, during this year, constitution- on national minorities (communities), ad- 2021), available at https://www.president.gov.ua/docu-
ments/1242021-37701. See also, 2021 Global Review of
al bodies have found an understanding of the opted by the Venice Commission at its Constitutional Law, p. 362-363.
8 The Administrative Court of Cassation of the Supreme
procedure for exercising powers under mar- 135th Plenary Session (Venice, 9-10 June Court decision, Case No. 9901/96/21 (July 14, 2021).
9 The Grand Chamber of the Supreme Court Decision, Case
tial law. The following year will be a test for 2023), CDL-AD(2023)021, https://www. No 9901/96/21 (October 19, 2023)

CONSTITUTIONAL STUDIES PROGRAM AT THE UNIVERSIT Y OF TEXAS AT AUSTIN 2023 GLOBAL REVIEW OF CONSTITUTIONAL LAW | 397
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