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Double-edged sword for premier

Hanne SEVERINSEN: The discussion of constitutional changes should not start with a demand
14 April, 00:00

Hanne Severinsen, formerly the PACE rapporteur on Ukraine, has been an adviser to Prime Minister Yulia Tymoshenko for nearly a year. Previously, this Danish politician spent almost 11 yeas monitoring Ukraine on PACE’s behalf. Starting in 1997, she monitored the presidential and parliamentary elections in this country. In the following interview with The Day, Ms. Severinsen tells about her work as an adviser and shares her ideas about how Ukraine may ride out the current political crisis and how a bicameral parliament can damage Ukraine.

Ms. Severinsen, our readers would be interested in knowing what kind of advice you offer to Yulia Tymoshenko.

“This doesn’t happen on a regular basis. Sometimes Yulia Tymoshenko asks me about her new ideas before offering them to the public. Sometimes I say that some or other ideas should not be suggested.”

Could you give an example of some specific ideas you have offered to the Ukrainian prime minister?

“I must say that my position now is more about not being in public as I was when I worked for PACE. Now I am trying to stay more in the background. It wouldn’t be fair if I told about my ideas that did not become public knowledge. Sometimes it’s best not to discuss certain ideas in public if you want to have a real result.”

Not so long ago Ukrainska Pravda informed that the Ukrainian premier’s freelance adviser Kenneth Murphy lobbies for her in the international arena. By analogy, are you lobbying for Tymoshenko and if so, along what lines?

“(Laughs). I am not a lobbyist. I only meet with Tymoshenko, off and on, and sometimes speak with Mr. Nemyria. This is not a job because I am not paid for my recommendations. Rather, this is part-time work. However, I like to have an opportunity to be in the know of what happens in Ukraine. Mainly, it is about election laws and the Constitution, yet here the situation also tends to change quickly. As you know, there are very many proposals on these matters. Yulia Tymoshenko is making no decisions now, only listening to proposals.”

How do you feel about your PACE colleagues’ report on constitutional amendments proposed last year in Ukraine?

“They are doing the kind of job I used to do. I think that a number of the proposed amendments will be disregarded, as recommended by the Venice Commission. I think that a debate on constitutional amendments should not start with a demand for instituting a bicameral parliament.”

Why?

“This debate should start with the question, What do we actually want to achieve? We must identify the weak points of the existing political system and what we will achieve by introducing a new system. In other words, it is necessary to explain what can be achieved by instituting a bicameral parliament.”

The president said this innovation will foster stability.

“I cannot really understand this. One of the big problems today is that the government must run the country in conditions of democracy. Now the situation is such that the government cannot actually do so. The problem is not the election but who is responsible for what. If you add another house to your parliament, then how will it pass resolutions? Will the decision-makers be responsible for their decisions? Your electorate must know who the decision-makers are and who is responsible for carrying out their decisions. Bicameral parliaments in other countries are largely the result of tradition. One of the president’s arguments for adding the second house has to do with regionalism.

“I think that you must do something else. You must allow the regions to be heard on a larger scope. This can be primarily achieved by introducing open slates, so people in the regions can elect their representatives to the Verkhovna Rada. Another option is the decentralization of power, vesting the regions with more powers, so more decisions can be made at the local level. If you institute the second house, this will only complicate the decision-making process.”

Apparently, you believe that the current crisis can be overcome by distributing the authority between the president and prime minister?

“Yes, this is very important. I think that having a president elected by the entire nation is a good idea, a symbol of your country, a symbol of your society that unites it. I am happy to point out that we have a queen. She is a symbol, even if not entirely democratic, but this does not put the king or queen above politics.

“I don’t think it is right for the Presidential Secretariat to constantly criticize the government’s decisions. I think you have to make changes to the Constitution of Ukraine that will truly define the competence of the president, parliament, and prime minister. I realize that forming a coalition is difficult in a multiparty system. We are faced with similar problems in our country when it comes to forming a coalition. With time, however, you will understand better to coalitions are to be formed.

“I also believe that you should have a system in which the government will be formed by the majority, while miscellaneous decisions can be voted in parliament by the majority of the attending MPs. There are cases in my country when coalition MPs cannot be present, then the opposition reduces the number of its members accordingly, so that the decision is passed by the majority of those present.

“It is also important for the prime minister to have the right to resign or appoint early elections. In many countries the prime minister has this right. This would a double-edged sword for the premier. In case the coalition loses its popularity, the prime minister can resign to avoid early elections. This will add to the responsibility of the head of government. In general, I think that one shouldn’t run around looking for solutions to problems. One must formulate a question first and then look for an answer.”

Will the situation in Ukraine change after the early presidential election?

“Naturally, everything is affected by the coming presidential elections. Days are coming when a lot of debates will be held. It will serve the voters’ benefit if they know before the elections what system they will be casting their ballots for.“

Then perhaps it would be better to amend the tax laws, make the slates open, and hold the parliamentary and presidential elections at the same time?

“Yes, holding the elections in such conditions would be easier. I hope your parliament will start debates on changes to the electoral system. One of the points is that ordinary voters believe they have no authority over the MPs — in other words that they cannot influence them. Also, your electorate would like to see new faces [among the nominees].

“I know there is talk in Ukraine about returning to the majority system. However, this would result in atomization and would be too much. You already have a not-so-good experience of parliament with half the members elected by the party slates and the other half representing single-seat electoral districts. Therefore, you should look at the experience of countries with open regional slates.”

Ms. Severinsen, you must have heard about Yushchenko’s proposal to hold presidential and early parliamentary elections at the same time. Would you recommend that Tymoshenko take part in the campaign under the circumstances?

“There is nothing I can say on the subject. Let me just point out that there are quite a few indicators against the early parliamentary elections. Your country is experiencing a financial crisis and your election laws are too complicated. In fact, each should read the findings of the Venice Commission that suggested introducing a simpler electoral system last year. It is also necessary to do a lot of practical things now. Therefore, I don’t think that early elections is a good idea, the more so that you had early elections last year.

“It is my conviction that this may clear the air but I am not sure that this is possible, considering the current polluted atmosphere. I believe that the existing majority that supports the government must use this opportunity and show what it can do.”

What is your forecast? Will we have early parliamentary elections this year?

“I don’t think so. At the same time, I’m afraid that the atmosphere in your country will be further polluted. Even if there were an agreement on the early elections, you would have to improve your election laws. You need to have discussions on what goals are to be achieved by adopting new election laws. You have to consider the existing possibilities. Besides, your parties must achieve a certain compromise. I hope they will consider the recommendations of the Venice Commission, which includes a number of experienced experts on constitutional law.”

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