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Ada Pertanyaan? Hubungi Kami Ari Pramuditya, Agus Sahbani
3rd Congress of AACC. Photo by: ARI
As the 3rd congress of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) continues in the Balinese resort of Nusa Dua after getting underway on Monday, 8 August 2016, delegations from 18 countries have been discussing two main agenda items. These items encompass the establishment of an AACC Permanent Secretariat and the election of a new AACC President for the 2016 – 2018 period.
The debate and discussions into the ideal concept and structure for any Permanent Secretariat took place on Tuesday, 9 August 2016. During this session, the current members of the AACC Secretariat General deliberated details relating to the ideal concept for the formation of an AACC Permanent Secretariat.
During the meeting, the Head of the Secretariat of the Constitutional Court of Russia, Mr. Vladimir Sivitskiy, stressed that a decision regarding the establishment of Permanent Secretariat should be made as soon as possible.
Meanwhile, the Secretary General of the Constitutional Court of Korea reiterated his general agreement with the Constitutional Court of Indonesia regarding the importance of establishing a Permanent Secretariat, a matter which has been extensively discussed over the course of the past two years. “The AACC needs a Permanent Secretariat in the form of a Joint Permanent Secretariat,” Mr. Yong Hun Kim stated in his role as the Secretary General of the Constitutional Court of Korea.
During last year’s AACC symposium, the AACC Board of Members failed to establish a Permanent Secretariat, despite Indonesia’s MK and the South Korean constitutional court declaring their readiness to fill the position. The proposal to establish the Secretariat was ultimately turned down owing to a number of the delegations present who did not ultimately agree with the organizational structures, working procedures, administration, financial and human resources for the proposed Permanent Secretariat, as they were set out by Indonesia and South Korea.
As a result of all this maneuvering, the AACC has finally mandated that members of the AACC Secretary General should draft a proposal defining their ideal concept for a Permanent Secretariat. For instance, member countries may propose that the members of any Permanent Secretariat be rotated routinely, or that all members of the AACC Permanent Secretariat should be replaced whenever a new AACC President is appointed.
At the moment, most of the AACC member states have finally reached a consensus as regards the proposal to establish a Permanent Secretariat. In terms of the form that the new body will take, most AACC member states have agreed to establish the Permanent Secretariat in the form of Joint Permanent Secretariat (i.e. the secretariat will be jointly hosted by two states).
Mr. Hun Kim also proposed that the Joint Permanent Secretariat should be located in both Indonesia and Korea. Indonesia will be responsible for planning and coordination, while Korea will be in charge of research and development. Most of the member states agree that the two countries in question are capable of fulfilling these various responsibilities.
“We have been acknowledged as having the requisite capabilities, in terms of planning and coordination, while other member states believe that Korea is capable of delivering in terms of the areas of research and development. Moreover, the Joint Permanent Secretariat may be able to synergize the two powers, so that Indonesia and Korea will be able to jointly run the AACC,” explained Guntur Hamzah, the current Secretary General of the Constitutional Court of Indonesia.
However, Mr. Yucel Arslan, acting in his role as Judge-Rapporteur for the Constitutional Court of Turkey, stated that the establishment of a Joint Permanent Secretariat would be difficult in terms of coordination. “We would still prefer for the Permanent Secretariat to be located within a single country only,” Mr. Arslan stated.
The results of the meeting will be formulated as a recommendation, which will be made to their respective country’s Chief Justice/President of Constitutional Court at the Board of Members’ Meeting which is scheduled for Wednesday, 10 August 2016. The authority to establish the Permanent Secretariat ultimately lies with a Board of Members’ Meeting. The Board of Members is the AACC’s highest governing body and comprises of the respective member countries’ Chief Justices/Presidents of Constitutional Court.
Caretaker Presidency
During the meeting’s second session, a recommendation was discussed relating to the election of the next AACC President for the 2016-2018 period. Surprisingly, during the course of the discussions, no AACC member stated their wish to become the new AACC President.
In fact, several member states, including Afghanistan, Russia and Korea, proposed to the forum that Indonesia should have the honor of being appointed caretaker President until a new AACC president is ultimately elected.
“In principle, we are pleased to accept the honor. However, it would be much better if the position of AACC President was rotated among the other member states. I believe that friendly countries such as Turkey and Korea are also ready to serve as AACC Presidents,” Mr. Guntur Hamzah declared.
However, despite the fact that both Turkey and Korea have been offered the AACC Presidency by Indonesia, neither of the two countries has so far made any official response declaring their readiness to fill the position.
The proposal to install Indonesia in the role of caretaker president will also be discussed and decided at the meeting of the Board of Members, which is scheduled for Wednesday, 9 August 2016.
(hs/sp)
Ari Pramuditya, Agus Sahbani
3rd Congress of AACC. Photo by: ARI
As the 3rd congress of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC) continues in the Balinese resort of Nusa Dua after getting underway on Monday, 8 August 2016, delegations from 18 countries have been discussing two main agenda items. These items encompass the establishment of an AACC Permanent Secretariat and the election of a new AACC President for the 2016 – 2018 period.
The debate and discussions into the ideal concept and structure for any Permanent Secretariat took place on Tuesday, 9 August 2016. During this session, the current members of the AACC Secretariat General deliberated details relating to the ideal concept for the formation of an AACC Permanent Secretariat.
During the meeting, the Head of the Secretariat of the Constitutional Court of Russia, Mr. Vladimir Sivitskiy, stressed that a decision regarding the establishment of Permanent Secretariat should be made as soon as possible.
Meanwhile, the Secretary General of the Constitutional Court of Korea reiterated his general agreement with the Constitutional Court of Indonesia regarding the importance of establishing a Permanent Secretariat, a matter which has been extensively discussed over the course of the past two years. “The AACC needs a Permanent Secretariat in the form of a Joint Permanent Secretariat,” Mr. Yong Hun Kim stated in his role as the Secretary General of the Constitutional Court of Korea.
During last year’s AACC symposium, the AACC Board of Members failed to establish a Permanent Secretariat, despite Indonesia’s MK and the South Korean constitutional court declaring their readiness to fill the position. The proposal to establish the Secretariat was ultimately turned down owing to a number of the delegations present who did not ultimately agree with the organizational structures, working procedures, administration, financial and human resources for the proposed Permanent Secretariat, as they were set out by Indonesia and South Korea.
As a result of all this maneuvering, the AACC has finally mandated that members of the AACC Secretary General should draft a proposal defining their ideal concept for a Permanent Secretariat. For instance, member countries may propose that the members of any Permanent Secretariat be rotated routinely, or that all members of the AACC Permanent Secretariat should be replaced whenever a new AACC President is appointed.
At the moment, most of the AACC member states have finally reached a consensus as regards the proposal to establish a Permanent Secretariat. In terms of the form that the new body will take, most AACC member states have agreed to establish the Permanent Secretariat in the form of Joint Permanent Secretariat (i.e. the secretariat will be jointly hosted by two states).
Mr. Hun Kim also proposed that the Joint Permanent Secretariat should be located in both Indonesia and Korea. Indonesia will be responsible for planning and coordination, while Korea will be in charge of research and development. Most of the member states agree that the two countries in question are capable of fulfilling these various responsibilities.
“We have been acknowledged as having the requisite capabilities, in terms of planning and coordination, while other member states believe that Korea is capable of delivering in terms of the areas of research and development. Moreover, the Joint Permanent Secretariat may be able to synergize the two powers, so that Indonesia and Korea will be able to jointly run the AACC,” explained Guntur Hamzah, the current Secretary General of the Constitutional Court of Indonesia.
However, Mr. Yucel Arslan, acting in his role as Judge-Rapporteur for the Constitutional Court of Turkey, stated that the establishment of a Joint Permanent Secretariat would be difficult in terms of coordination. “We would still prefer for the Permanent Secretariat to be located within a single country only,” Mr. Arslan stated.
The results of the meeting will be formulated as a recommendation, which will be made to their respective country’s Chief Justice/President of Constitutional Court at the Board of Members’ Meeting which is scheduled for Wednesday, 10 August 2016. The authority to establish the Permanent Secretariat ultimately lies with a Board of Members’ Meeting. The Board of Members is the AACC’s highest governing body and comprises of the respective member countries’ Chief Justices/Presidents of Constitutional Court.
Caretaker Presidency
During the meeting’s second session, a recommendation was discussed relating to the election of the next AACC President for the 2016-2018 period. Surprisingly, during the course of the discussions, no AACC member stated their wish to become the new AACC President.
In fact, several member states, including Afghanistan, Russia and Korea, proposed to the forum that Indonesia should have the honor of being appointed caretaker President until a new AACC president is ultimately elected.
“In principle, we are pleased to accept the honor. However, it would be much better if the position of AACC President was rotated among the other member states. I believe that friendly countries such as Turkey and Korea are also ready to serve as AACC Presidents,” Mr. Guntur Hamzah declared.
However, despite the fact that both Turkey and Korea have been offered the AACC Presidency by Indonesia, neither of the two countries has so far made any official response declaring their readiness to fill the position.
The proposal to install Indonesia in the role of caretaker president will also be discussed and decided at the meeting of the Board of Members, which is scheduled for Wednesday, 9 August 2016.
(hs/sp)