The Constitutional Court Found the NEURC Establishing Unconstitutional

The Constitutional Court of Ukraine found unconstitutional some provisions of the Law “On the National Energy and Utility Regulation Commission”. In the matter of this case, being initiated by 46 MPs, the Court decided that the NEURC had been established on the unconstitutional way, its statute and formation don’t correspond with the Constitution.

The newspaper “The Mirror of the Week” reported about it.

The NEURC was established by the President Petro Poroshenko Decree dated August 8, 2014 №694. Later on September 22, 2016 the Verkhovna Rada adopted the Law “On the NEURC”, according to which the commission is the continuously operating, independent, state body. Its members are appointed and dismissed by the presidential decrees. T

he Constitutional Court recognized the President exceeded jurisdiction by establishing the NEURC as the presidential power are thoroughly determined by the Constitution. The document doesn’t warrant the President’s right to establish such a state body. Also the Constitution doesn’t warrant the President right to appoint of dismiss the NEURC members. According to the Court decision, the NEURC should have been included into the executive branch of the power and its operation should have been directed by the government.

11:10 / 14 June, 2019

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