Хабаршы. Заң сериясы (Jun 2019)

WORLDWIDE EXPERIENCE APPLYING PRESIDENTIAL VETO POWER

  • Biskultanova A.M.,
  • Sebastien Peyrouse

Journal volume & issue
Vol. 90, no. 2
pp. 162 – 171

Abstract

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Usually, the right of veto is considered primarily as a prerogative of the head of state. At the same time, in countries with bicameral parliaments, the upper house of parliament has a peculiar veto on decisions of the lower house. Considering that recently the idea of creating the second chamber of the Supreme Council of Ukraine has intensified in Ukraine (this idea found its practical implementation in the draft Law No. 4290 of March 31, 2009 “On Amendments to the Constitution of Ukraine” introduced by the President of Ukraine to the Supreme Council of Ukraine) Not only the procedure for regulating the presidential veto is important, but also the procedure for the interaction of the upper and lower houses of parliament in the legislative process. (Constitution). The study of the provisions of the constitutions of foreign countries suggests that in most European countries the use of the veto is a discretionary power of the head of state. Thus, the signing of a law or the use of the right of veto in relation to an adopted law is the exclusive right of the head of state in Albania, Belgium, Belarus, Bulgaria, Great Britain, Hungary, Greece, Cyprus, Latvia, Lithuania, Macedonia (with some exceptions), Moldova, Norway, Poland , Portugal, Russia, Romania, Serbia, Slovakia, Ukraine, Finland, France, Czech Republic, Montenegro, Estonia. In states with a presidential form of government (USA, Latin American countries) the use of the right of veto to the law is also the discretionary powers of the head of state. At the same time, in a number of European countries the head of state either has no veto right, or this right is in some way limited. Austria, Bosnia and Herzegovina, Iceland (for example, the President may reject the law, but it still comes into force, if rejected, the law is submitted for approval by the na-tional referendum ), Spain, Luxembourg, Malta (the President is obliged to sign and officially promulgate the law without delay after its receipt), the Netherlands (after the countersignation of the law by the government, he signs and officially announces the Fed Oral President), Slovenia (laws are signed and promulgated by the President within 8 days of their adoption), Croatia (Croatian President is obliged to sign and promulgate the law within 8 days of its adoption), Sweden (laws promulgated by the govern-ment or parliament), Japan.

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