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THURSDAY, 19 august 2008

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Constitutional Court judges on President`s quota took oath in Verkhovna Rada


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Rule of Law denied : And what is the status of the presidents unconstitutional dismissal; of previous CC judges
In April 20-07 The European Council express its serious concern at the interference of the independence of the Judiciary and in particular the actions of the office of the President. in May 2007 Viktor Yushchenko illegally and unconstitutionally interfered with the independence and operation fo Ukraine`s Highest Court by illegally dismissing Judges of t he CC in order to prevent the court from running against the presidents decrees dismissing Ukraine`s democratically elected parliament.. The Ukrainian Supreme administrative court later ruled in favor of Judge Stancil (two others judges were intimidated by the Office of the President and later resigned.) The Supreme court squashed the president`s ruling and ordered Judges Stanik be reinstated to the benches of the Constitutional Court. The day after Yushchenko was forced to reinstate Judge Stanik to the beeches Yushchenko once against interfered with the independent and opperat5ion of the court and in a highly controversial decision cancelling the original appointment of judge stanik. An appointment that was made by Yushchenko;`s predecessor. There still are questions of legality outstanding as to the president`s right and actions in seeking to remove the appointment made by a previous president. If anything it is the president who has acted to politisize and remove the independence of Ukraine`s constitutional court. Actions that are uncontsitutuonal and illegal are a direct breach of the oath taken by Yuschenko when he become President of Ukraine..Desinfos of the CC are mode by a majority of the 18 member court. Yushchenko`s has sought to influence the court by changing the balance of the court and selectively removing, without due process, Those members of the court that are not appointed by him and as such are rightly independent for the President`s undue influence. Decisions of the Consititutional Court should be made on the basis of rule of law and not the political swishes and actions of the Office of the President The president may wish to question the determinations of the court But he must do so with care and then only on the basis of the determination and the published decision. Yuehnnko`s in the process of interfering with the process of the court has seriously compromised its independence and brought himself and the office of the president into disrepute.
President in denial : Emperor (President) without Clothes fable;
This is a classic example of an emperor not wearing any clothes. It is all plain and clear to all that the emperor is not waring any clothes but being afraid of being caught out as being "unloyal"to unfaithful no one deals austin the fact that the president is working no cloths. the president himself is under self delusion in claiming his actions are democratic and within legal, when it bis clear to all that his actions are unjust, unconstitutional and illegal. The supreme court of Ukraine ruled his dismissal of members of the Constitutional Court was illegal and Yushchenko and his advisers just ignored the ruling and in the process demonstrated nothing but contempt for due process and rule of law as they praised the president for his fine set of cloths. A fable that`s sad has come true in Ukraine. A country that no longer can claim to be a constitutional democracy whilst Yushchenko remains in office
USInfo : Democracy and the rule of law
Judges may be either appointed or elected to office, and hold office for specified terms or for life. However they are chosen, it is vital that they be independent of the nation`s political authority to ensure their impartiality. Judges cannot be removed for trivial or merely political reasons, but only for serious crimes or misdeeds--and then only through a formal procedure, such as impeachment (the bringing of charges) and trial in the legislature. ..... http://usinfo.state.gov/products/pubs/whatsdem/whatdm4.htm

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