JOINT SEMINAR: THE LEGISLATIVE REFORM ON THE CONSTITUTIONAL COURT OF MONGOLIA | | Date: Topic:
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Venue: | May 05, 2025 The joint seminar covers a broad spectrum of topics reflected in the draft law on the Constitutional Court of Mongolia and the draft law on the Constitutional Court Procedure The Constitutional Court (Tsets) of Mongolia
The Venice Commission, Council of Europe The Swiss Agency for Development and Cooperation The Hanns Seidel Foundation
The Constitutional Law Institute, the National University of Mongolia Justices of the Constitutional Court of Mongolia, members of the Parliament of Mongolia, Justices of the Supreme Court of Mongolia, members of the Venice Commission’s delegation to Mongolia, representatives of the delegation of the European Union in Mongolia, public officials, constitutional scholars, lawyers, and participants from civil society English and Mongolian Conference Hall #502, the Library of the National University of Mongolia. | | | | |
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AGENDA |
May 05, 2025 |
09:00 – 09:30 | Registration |
09:30 – 09:55 | Opening Remarks
Mr. Bayasgalan Gungaa, Chief Justice of the Constitutional Court of Mongolia
Ms. Simona Granata-Menghini, Director, Secretary of the Venice Commission
Ms. Ina Marciulionyte, Ambassador of the European Union to Mongolia |
09:55 – 10:00 | Group Photo |
MORNING SESSION |
| | Moderator: Prof. Dr. Munkhsaikhan Odonkhuu, Justice of the Constitutional Court of Mongolia |
10:00 – 10:15 | Prof. Sc.D. Sarantuya Tserenbaltav, Former Justice of the Constitutional Court of Mongolia and Adjunct Professor, School of Law, the National University of Mongolia
“Introduction to the draft Law on the Constitutional Court of Mongolia” |
10:15 – 10:30 | Ms. Marta Cartabia, Vice President of the Venice Commission (Italy)
“Composition of Constitutional Courts”
· Justice’s qualification
· Incompatibilities and prohibited actions for a justice
· Nomination and appointment
· Term of Office
· Suspension of justice
· Recall (removal) of justice
· Immunity of justice |
10:30 – 11:00 | Discussion |
11:00 – 11:15 | Coffee Break |
| | Moderator: Ms. Enkhtuya Erdenee, Justice of the Constitutional Court of Mongolia |
11:15 – 11:30 | Mr. Philip Dimitrov, Expert, former member of the Venice Commission (Bulgaria)
“The Independence of Constitutional Courts”
· Institutional Independence
· Independence of Justices
· Powers of the Chief Justice
· Budget and salary
· Deliberation of justices in administrative matters
· Internal rules of adjudication procedure adopted by the Constitutional Court |
11:30 – 11:45 | Mr. Vladimir Vardanyan, Member of the Venice Commission (Armenia)
“Good Practice on Effective Administration of the Constitutional Court”
· Organizational structure of the Secretariat of the Court
· Qualified assistants to support constitutional adjudication (reporters, clerks, and assistants): qualification, hiring, salary, number, etc.
· General Registry and its function
· Library and research
· Transparency and access to the Court: live stream of hearing, its video recording, public access, etc.
· Publication of judgments
· Court digitalization, electronic information system, and court website |
11:45 – 12:15 | Discussion |
12:15 – 13:20 | LUNCH |
AFTERNOON SESSION |
| | Moderator: Prof. Dr. Erdenebulgan Juujaa, Justice of the Constitutional Court of Mongolia |
13:20 – 13:35 | Prof. Dr. Solongo Damdinsuren, Former Justice of the Constitutional Court of Mongolia and Adjunct Professor, School of Law, the National University of Mongolia
“Introduction to the draft Law on the Constitutional Court Procedure” |
13:35 – 13:50 | Mr. Philip Dimitrov, Expert, former member of the Venice Commission (Bulgaria)
“Principles and Standards on the Right to Appeal to the Constitutional Court”
· Petitions and information by citizens (actio popularis)
· Requests by public authorities
· Constitutional complaint
· Jurisdiction: constitutional review of legislation, other sub-legislative acts, constitutional amendments, international treaties, and conflicts of competence between state organs |
13:50 – 14:20 | Discussions |
14:20 – 14:30 | Coffee Break |
| | Moderator: Mr. Batragchaa Ragchaa, Justice of the Constitutional Court of Mongolia |
14:30 – 14:45 | Mr. Vladimir Vardanyan, Member of the Venice Commission (Armenia)
“ Procedure of the Constitutional Court of Mongolia from Comparative Perspective”
· Determination of admissibility
· Conflicts of interest – recusal and exclusion of a judge from a case
· Rights of the parties and the legal representation
· Case allocation
· Timeframe for adjudication
· Benches (panels) of judges, their allocation, and their relationships
· Oral/written procedure and public hearing
· Decision making: deliberation and its secrecy, announcement of judgments, quorum and majority for adopting decisions, timeline and procedure to determine the grounds (reasoning) of decisions, signing decisions, publication of decisions and dissenting opinions
· Repetitive cases |
14:45 – 15:00 | Discussions |
15:00 – 15:15 | Prof. Dr. Michael Eichberger, Former Justice of the Federal Constitutional Court, Federal Republic of Germany (online)
“Some issues on the draft law on the Constitutional Court of Mongolia and on the draft law on the Constitutional Procedure” |
15:15 – 15:30 | Discussions |
15:30 – 15:45 | Ms. Kate Fox Principi, Lead on the Administration of Justice, Rule of Law Section, UN Office of the High Commissioner for Human Rights (online)
“Analysis and Recommendations on the draft laws concerning the Constitutional Court of Mongolia” |
15:45 – 16:00 | Discussions |
16:00 – 16:10 | CLOSING REMARKS
Mr. Bayasgalan Gungaa, Chief Justice of the Constitutional Court of Mongolia
Ms. Marta Cartabia, Vice President of the Venice Commission (Italy) |
