Civil society calls on the Parliament to ensure the composition of the judicial governance bodies and the Constitutional Court of high integrity

The recent decision of the Constitutional Court (CC) demonstrated that the power granted to untrustworthy judges jeopardizes not only reforms and cooperation with the western countries but also threatens the independence and security of the country. The adoption of such a decision became possible as the constitutional requirements to hold an open selection and to ensure the integrity of the judges were ignored. As a result, the control over the judicial governance bodies and the CC was seized by the members of judicial and attorney clans along with the protégés of the political forces and oligarchs. 

In order to break out this vicious cycle, it is not enough just to select new judges according to an old procedure. At first, it is crucial to ensure the integrity of those responsible for selecting the judges, i.e., members of the High Council of Justice (HCJ) and members of the High Qualification Commission of Judges (HQCJ). In order to select the judges of the CC, it is necessary to establish a special independent selection commission. 

We welcome the decision of the Parliament to return the bill #3711, which provides for restarting the selection process of the HQCJ members, for further improvement. According to the recommendations of the Venice Commission, the HQCJ selection procedure must be improved, i.e., the representatives of the international community and Ukrainian civil society experts must participate in forming the HQCJ Selection Commission.

At the same time, we are concerned that the bill, which is supposed to provide a mechanism for ensuring the integrity o the HCJ is yet introduced in the Parliament. The experts of the Venice Commission also underscore that the issues concerning the integrity of the members of the HCJ are of an urgent nature as well and should not be delayed. The Ministry of Justice drafted the bill to fulfil the requirements of the IMF and EU. 

We believe that the issue concerning the integrity of the HQCJ’s and the HCJ’s members must be solved by adopting a single bill, which would comprise the developments of the MOJ on the renewal of the HCJ’s composition and furnished provisions regarding the organization of the HQCJ’s competition. The process of preparation of this bill must be open for participation of the civil society. 

The current procedure of formation of the CC, established by the law, should be changed. The provision of the Constitution on the selection process of the judges should be included in the Law “On the Constitutional Court of Ukraine” and “On the Regulation Procedure of the Verkhovna Rada of Ukraine”. This would allow ensuring that only candidates, who successfully completed the selection and assessment, conducted by the independent selection commission can be appointed to the CC. 

If the above-listed changes are not implemented in the near future, Ukrainian citizens will remain hostages in the hands of the untrustworthy judges and their unlawful decisions. We call on the MPs to ensure the establishment of an open and inclusive decision-making process. 

NGO “Automaidan”
Transparency International Ukraine
Anticorruption Action Center
DEJURE Foundation