April 25, 2019, 13:42
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akipress.kg
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AKIPRESS.COM - The Constitutional Chamber on April 24 examined compliance of the point 35 of the part 1 of the article 3 of the law on procedural rules of the Parliament of Kyrgyzstan and declared the challenged norm conflicting with the Constitution, its press service said. The given norm reads that the Supreme Court Chairperson will present a report to the Parliament annually on work of the court system of the Kyrgyz Republic.
The Constitutional Chamber said parliamentary oversight is one of the functions of the Parliament, but it should be exercised within the scope of its powers. The Parliament has no more powers with regard to other branches of power than specified in the Constitution. Its powers can't be extended by other legislative acts, according to the Constitution, the Constitutional Chamber emphasized.
The court system should be autonomous and independent. Its independence is ensured through strict adherence to the Constitution. Any extension of forms and methods of influence on the court system other than specified by the Constitution should be considered as infringement on its independence, the Constitutional Chamber stated.
"Inadmissibility of explicit assessment of the information on work of the court system by the Parliament allows to keep balance between legislative and judicial branches of power, makes provision of such information by the Supreme Court Chairperson unnecessary," the Chamber stressed.
The Constitutional Chamber concluded the norm allowing the Parliament to obtain the annual information on work of the court system goes beyond powers of the Parliament set forth by the Constitution and leads to violation of such constitutional values as the principle of power division.
The forms and methods of provision of information about court system work should be determined by the Supreme Court on its own. Information can be provided to the Parliament exceptionally at the initiative of the court system, the Constitutional Chamber said.
