European Council: European Court and Realities of Democracy Development for Ukraine


Our achievements

  • Advocacy of state enterprise in the International Court of Arbitration (ICC), $ 44 million
  • Legal support of one of the candidates for mayoral position in pre-election campaign 2010.
  • Judicial support of president pre-election campaign 2010 on local levels
  • Reverse of Government Decree Concerning Pension Contribution for Private Entrepreneurs
  • Cars Evacuation is Revoked in Kyiv
  • Case "Karaoke on the Maidan"
  • Case "Koretsky vs. Ukraine"

European Council: European Court and Realities of Democracy Development for Ukraine


06-04-2009

  • European Court of Human Rights


European Council will become 60-ty years old on the 5th of May 2009. It is the eldest international organization in Europe. European Court of Human Rights is one of its units.

Ukraine takes the 4th place among 46 countries which are the members of European Council according to the number of appeals to the Court. In the top-5 each year there are usually several countries, such as Turkey, Russia, Italy and Poland. And about 100 000 civil claims still have been not reviewed by the Court.

Unsatisfied judgments are the main reason because of which Ukrainians appeal to the European Court. The European Convention on Human Rights is the only document, on the articles of which all claimants can refer to in their claims to the European Court.

Let us remind that a case “Koretskyy v. Ukraine” in European Court was won by Law Firm’s attorney-at law Taras Shevchenko. The Court came to conclusion, that authorities without any reasonable reason prevented the registration of NGO and in that case the violation of human rights took place. And this right is guaranteed by the European Convention on Human Rights.


  • The Problem of Functions Duplication in Pan-European Organizations


The matching of some functions in European Council, European Union, Organization for Security and Co-operation in Europe and NATO remains one of the key questions for whole European society during last ten years.

European Council and European Union don’t just duplicate each others functions but compete against each other. The Parliament Assembly of European Council and Europarliamnent are situated nearby in Strasbourg.

The European Court of Human Rights is one of the European Country’s units. Similar institution exists in the structure of European Union, it has as well its Court but in Luxemburg.

European Council’s Court relies on the European Convention on Human Right while the Court of European Union follows the Charter of Fundamental Rights. And these two institutions don’t differ in their ideological approach to the protection of human rights and freedoms.

A conflict is in following: the members of European Union don’t agree to be judged by less developed countries, who became the members of European Council, but not a Europe. And this problem is not a new one.

Some functions duplication can be seen between NATO and OSCE. Organization for Security and Co-operation in Europe deals with a wide range of issues: like questions which are related with mass media and those ones which are related with a control of peacekeeping operations. In fact OSCE acts in three directions: politico-military, economical-ecological and humanitarian.

NATO not always regarded OSCE’s politico-military mission as historical experience of 90-s shows. Military actions of North Atlantic Treaty Organization in Kosovo showed the attitude to OSCE, which didn’t play one of the main roles in solution of any problem concerning this historical episode.


  • European Council – Perspective for Ukraine


The membership in European Council directs a geopolitical vector of our country to the further membership in European Union. European Council is a good school which gives a great opportunity to study and use the way of evolution in democracy of European Council during last 60-ty years.

That is why the questions of European integration and possible challenges are being discoursed during the meeting of alumnus of Ukrainian School of Political Studies with Evgen Perelygin who is the ambassador extraordinary and plenipotent of Ukraine in European Council.

Attorney-at-law Andrii Nechyporenko represents the Law Firm “Natalia Subota and Partners” as an expert of Summer University of Democracy of the European Council and alumnus of Ukrainian School of Political Studies.




Back to news list