Practice of the Constitutional Courts – Study tour by a delegation from the Kazakh Constitutional Court

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Published: December 11, 2023
Photo: Delegation of the Constitutional Court of the Republic of Kazakhstan on "Practice of the Constitutional Courts" at the Federal Constitutional Court
Photo: Delegation of the Constitutional Court of the Republic of Kazakhstan on "Practice of the Constitutional Courts" at the Federal Constitutional Court
Republic of Kazakhstan

A study trip by a delegation from the Constitutional Court of the Republic of Kazakhstan on “Practice of the Constitutional Courts” to Germany and Austria took place from 8-14 October 2023 as part of the cooperation between the IRZ and the Gesellschaft für Internationale Zusammenarbeit GmbH (GIZ) (German Development Cooperation).

The delegation consisted of constitutional judges, representatives of the presidential administration and the Ministry of Justice and employees of the administration of the Constitutional Court of the Republic of Kazakhstan.

When in Germany, the delegation visited the Federal Ministry of Justice, the Federal Constitutional Court, the Constitutional Court of the State of Berlin, the Constitutional Court of the State of Brandenburg and the Centre for Eastern European and International Studies.

Topics discussed with the German included “independence of the judiciary”, “competence of the federal and state constitutional courts”, “the process of the preliminary examination and court hearing”, “legal training”, “legal research” and “selection process for research assistants”. The discussions focused on two themes in particular: the instrument of the constitutional complaint regarding the admissibility and merits test and the interaction between state constitutional courts and the Federal Constitutional Court. The participants also discussed issues around the organisation of the work of the judicial administration and the interactions of the court with the mass media.

The expert talks at the Federal Ministry of Justice essentially explored the aspects of constitutional court jurisdiction. The Kazakh participants were particularly interested in the relationship between the ministry and the Federal Constitutional Court, notably with respect to participation in the negotiations, the preparation of reports and the legal consequences of regulatory control.

The study trip was also supported by the program office of the Organization for Security and Co-operation in Europe (OSCE) in Astana.