Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin  (from left to right)
Jogan Merkel; Dagmar Wünsch, permanent representative of the President of the Rhineland-Palatinate Constitutional Court and Vice-President of the Higher Administrative Court of Rhineland-Palatinate; Dr. Lars Brocker, President of the Constitutional Court and Higher Administrative Court of Rhineland-Palatinate; Askhat Daulbayev; Nataliya Kress; Murassat Murtazin (from left to right)

From 8 to 10 November 2017, a working visit on “Constitutional jurisdiction of the federal states in Germany” took place at the Rhineland-Palatinate Constitutional Court in Koblenz as part of the partnership with the Constitutional Council of the Republic of Kazakhstan.

The delegation was made up of high-ranking representatives from the Constitutional Council of the Republic of Kazakhstan:

  • Askhat Daulbayev, Member of the Constitutional Council,
  • Jogan Merkel, Member of the Constitutional Council,
  • Murassat Murtazin, Advisor to the Chairman of the Constitutional Council and
  • Nataliya Kress, Lead Consultant for the department of legal expertise at the Constitutional Council.

During their working visit, the Kazakh guests had the opportunity to discuss various issues concerning constitutional jurisdiction at federal and regional levels in Germany with members of the Rhineland-Palatinate Constitutional Court.

The discussions during the working visit focussed in particular on the following topics:

  • The role of constitutional law in the Federal Republic of Germany;
  • Constitutional jurisdiction in Germany: Origins, function, responsibilities and processes;
  • Responsibilities of the German Federal Constitutional Court and of the Rhineland-Palatinate Constitutional Court.

Issues concerning judicial independence and the principle of proportionality were of particular interest. In this context, the Kazakh guests took part in extremely lively discussions, particularly with regard to restrictions and deprivations of liberty.

Another focal point of the discussions was the institution of individual constitutional complaints, above all in light of their legitimacy and their justification. This issue is extremely relevant given the fact that this kind of appeal procedure is completely unknown in the Kazakh legal system.

The exchange with German colleagues in this field and the valuable knowledge gained as a result should in future influence the development of constitutional jurisdiction in Kazakhstan. The Kazakh delegation repeatedly made this clear and expressed their desire for the exchange of expertise to continue.

The Kazakh guests suggested a further cooperation in this field within the framework of a Memorandum of Understanding. Their German counterparts were favourable to this suggestion and are taking this possibility into consideration with the support of the IRZ.