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IN THE SPOTLIGHT
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Resolution of the Eastern Partnership Civil Society Forum on the Law on Referendums in Ukraine adopted on November 30, 2012Tagged under Resolution of the Eastern Partnership Civil Society Forum on the Law on Referendums in Ukraine adopted on November 30, 2012 In November 2012 the Verkhovna Rada of Ukraine adopted, and the President of Ukraine signed, the Law ‘On All-Ukrainian Referendums’. The new law will enable both laws and the Constitution to be adopted or repealed, and amended using referenda, leaving no role to the Parliament. A referendum can be called by the initiative of the people, through the collection of 3 million signatures. This law undermines the balance of power that has been enshrined in the Ukrainian Constitution. This law not only contradicts the current Constitution of Ukraine, but also violates the standards explicitly stated in the PACE Resolutions and Decisions of the Venice Commission. Ranging from the issues that can be decided by referendum, to the procedure of forming commissions that organize referenda, funding procedures, and campaigning modalities, this law contradicts European standards on many levels. This law also limits the role of political parties in organising a referendum and restricts citizens from expressing their opinion about the issues being voted on. In effect, the conditions set out by this law ensure that cooperation with authorities will be necessary for a referendum to take place. Therefore, this law, instead of standing for the expression of people’s will, serves as an instrument to capture power. In this context we call on the Parliament of Ukraine and the President of Ukraine to amend the law to comply with the Ukrainian Constitution and European standards. We also call on the EU and the EU member states to put this issue on the agenda of their dialogue with Ukraine.
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Project funded by the European Union
