OSCE Warsaw conference to discuss role of constitutional justice in protecting human rights
WARSAW, 14 May 2008 - A conference on the role of constitutional justice in protecting human rights and upholding the rule of law in the OSCE region opened in Warsaw today.
The three-day event brings together some 200 constitutional judges, experts and government and civil society representatives. Among the key issues discussed will be challenges to the independence of constitutional courts, which are vulnerable to becoming targets of political pressure and influence.
"Time and again, examples from across the OSCE region highlight the heavy burden that courts have to carry in resolving particularly difficult disputes," said Ambassador Christian Strohal, the Director of the OSCE's Office for Democratic Institutions and Human Rights, which organized the conference.
"The impact of constitutional court decisions in these cases may be explosive - unfortunately, on occasion, also quite literally; but these decisions do provide the basis for rectifying shortcomings, both in law and in implementation," he added.
OSCE participating States employ different institutional models to safeguard compliance with their constitutions. But, as Pertti Torstila, Secretary of State and Representative of the Finnish OSCE Chairmanship, pointed out at the opening, "any system of constitutional justice is open to improvement".
He added that international human rights obligations provide "the framework in which these improvements should be made".
Gianni Buquicchio, the Secretary of the Council of Europe's Venice Commission, said: "It is important that a constitution does not remain written on paper, nicely bound in leather and forgotten under the dust of time. We seek constitutions that are alive, known to the people, respected by every policeman, respected by every judge and, of course, respected by the Parliament and the executive."
The conference will look at best practices and develop recommendations on how to strengthen the role of constitutional courts in a democratic society. Working sessions will focus on the importance of constitutional justice for strengthening the rule of law and the separation of powers. Challenges with respect to access to constitutional justice, and to the independence and effectiveness of constitutional courts, will also be discussed.