The deadlock in Ukraine continues. President Viktor Yushchenko claims that until the Constitutional Court rules, his decree calling early parliamentary elections (set for 27 May) should remain in effect. That is a remarkable claim, as it means that his decree would be presumed valid until declared otherwise, even though it takes quite an expansive reading of the constitution to find a dissolution power among the president’s unilateral capacities.
Meanwhile, the international press continues to say things like Prime Minister Viktor “Yanukovich staged a remarkable [post-Orange Revolution] comeback in Ukraine’s last parliamentary election.”
Pardon me for continuing to fail to see anything remarkable in Yanukovych’s party going from (an almost certainly inflated) 41.4% in the first round of the presidential election of 2004 (and 45.9% in the runoff) to 32.1% of the total vote, or 41.4% of the above-threshold vote, in the 2006 parliamentary election.
The job for the Constitutional Court does not seem difficult to me:
Second paragraph of article 90 of the constitution of Ukraine, as amended in 2004:
“The President of Ukraine may terminate the authority of the Verkhovna Rada of Ukraine prior to the expiration of term, if:
(1) there is a failure to form within one month a coalition of parliamentary factions in the Verkhovna Rada of Ukraine as provided for in Article 83 of this Constitution; (= proposition by a majority of MPs of a candidate-PM)
(2) there is a failure, within sixty days following the resignation of the Cabinet of Ministers of Ukraine, to form the personal composition of the Cabinet of Ministers of Ukraine;
(3) the Verkhovna Rada of Ukraine fails, within thirty days of a single regular session, to commence its plenary meetings.”
(source of the translation)
Has any of these events occured to give Yushchenko the power to dissolve?
It seems Yanukovich has a strong legal position this time…
Seed planted by Bancki — 11 April 2007 @ 08:49