LEGAL AND POLITICAL CONSEQUENCES OF THE CONSTITUTIONAL PAUSE FOR UKRAINE'S INTEGRATION INTO THE EU

Abstract

The article analyzes the impact of the "constitutional pause" implemented in Ukraine during martial law on the country's integration process with the European Union. It examines the legal, political, and social consequences of this practice, particularly its effect on upholding citizens' rights and freedoms, the stability of the legal system, and Ukraine's international reputation.

It notes that on July 23, 2024, the martial law in Ukraine was extended for the twelfth time since the full-scale invasion began. The official stance is that there are no time limits on martial law as per the Law of Ukraine "On the Legal Regime of Martial Law." However, under Article 19 of Ukraine’s Constitution, government authorities must act strictly within their constitutional powers, and no provisions allow for the repeated extension of martial law.

The constitutional pause, introduced by the President of Ukraine on December 23, 2022, at the Conference of Ukrainian Ambassadors, helped resolve this legal conflict. The International Court of Justice (ICJ) considers statements and actions of high-level state officials as holding significant evidentiary value. This principle was established in cases such as Cambodia vs. Thailand over the Preah Vihear Temple (1962) and Norway vs. Denmark over Eastern Greenland, recognized by the Permanent Court of International Justice.

Methods. The methodological basis of the research is modern general scientific and special methods of cognition, among which the following should be highlighted: formal-legal method, comparative-legal method for the analysis of international legal documents, case method for researching the practice of International Court of Justice (ICJ) in the relevant category of cases.

Results. 1. The category of "constitutional pause" can be hypothetically viewed as a temporary suspension or limitation of specific provisions of the Constitution during emergencies, such as wartime or a state of emergency, to ensure effective functioning of state bodies in critical situations. It involves adapting the constitutional order to extraordinary conditions for prompt responses to challenges related to national security, war, or other emergencies. The constitutional pause may allow for swift decision-making that deviates from standard procedures, but it must uphold the fundamental principles of the rule of law and protect human rights to avoid violations of international obligations and standards.

1. The implementation of a constitutional pause during martial law in Ukraine allows state bodies to make prompt decisions in wartime. However, the temporary suspension of the Constitution or its key provisions may contradict European legal standards, particularly calling into question the adherence to the rule of law, which is fundamental for EU membership.
2. Since the Constitution of Ukraine guarantees fundamental rights and freedoms of citizens, their temporary limitation or postponement may provoke a negative reaction from the European Union, which places great importance on human rights. Any restrictions resulting from the constitutional pause could pose a serious obstacle to Euro-integration.

4. Introducing a constitutional pause also carries political risks for the stability and functioning of democratic institutions in Ukraine. The European Union expects democratic processes to remain transparent and accountable, even in critical conditions like war. The temporary suspension of certain democratic mechanisms may raise concerns about the state's ability to maintain a balance between security and democratic freedoms, potentially impacting political dialogue with the EU and leading European partners to reconsider their expectations regarding Ukraine as a reliable candidate for membership.