Honored lawyer of Ukraine: Law 8371 has to be referred to Venice Commission
According to Lutkovska, the prospects of appeals to the ECHR after the adoption of the law banning the UOC are high, and this will have significant consequences for the state.
Valeria Lutkovska, an honored lawyer of Ukraine and former Verkhovna Rada Commissioner for Human Rights, explained to comments.ua the potential consequences for the state resulting from appeals by UOC religious organizations to the ECHR following the adoption of bill No. 8371.
"State intervention can be justified if it is provided by law, but this does not mean that any regulatory act can satisfy the European Court. The European Court has a specific approach to the law: the regulatory legal act on which the intervention is based (not only on the right to religious freedom but also on other non-absolute rights) must be clear and predictable, meaning it must allow the person to foresee the consequences of their actions," she emphasized.
According to the lawyer, the draft does not contain clear and applicable definitions or explanations as to why the procedure for considering administrative cases regarding certain religious organizations should change.
Lutkovska estimates that the prospects for appeals to the ECHR are high, and this will have significant consequences for the state.
"If the ECHR finds a violation of the right to religious freedom, the state, as with other decisions of the European Court regarding human rights violations, must implement at least the following measures: pay the amount of fair satisfaction from the state budget (essentially from the pocket of every Ukrainian), restore the applicant's violated right as much as possible, and take general measures (very conditionally – make it so that similar applications do not reach the ECHR again), meaning change the legislation once more," she explains.
The former ombudsman for human rights recommends that the authorities refer the bill to the Venice Commission for evaluation.
"I must note that the conclusions of the Venice Commission are used by almost all Council of Europe member states, including Ukraine, which has always allowed for the prevention of significant negative consequences in the field of human rights compliance. I think that now, at the stage of preparing the draft law for the second reading, is the most opportune time for such a referral, resulting in a conclusion that will be a certain guide for Ukrainian politicians," concluded the human rights defender.
As the UOJ previously reported that the law banning the UOC could hinder Ukraine's path to the EU, according to Valeria Lutkovska.
