12 seated — how many judges are still missing from Ukraine’s Constitutional Court?

Just ahead of Constitution Day, the President appointed Oleksandr Vodiannikov to the Constitutional Court of Ukraine (CCU). This is welcome news, as the Court has finally regained its quorum: 12 out of 18 judges are now in place, unlocking its ability to function.

However, six seats on the Constitutional Court remain vacant. The reasons vary, but all point to a single issue: a lack of political will and the prioritisation of power games over the rule of law.

Under the parliamentary quota, candidates have long been identified: back in February, the Advisory Group of Experts (AGE) compiled a ranked shortlist. Among the names are Yuliia Kyrychenko, Taras Tsymbalystyi, Oksana Klymenko, Yurii Barabash, and others, including Vodianykov, who was just appointed. Yet in the four months since, the Verkhovna Rada’s Legal Policy Committee has not held a single interview. The reason? Inaction by the committee under the leadership of Denys Maslov. The consequence? A stalled reform that is critical for Ukraine’s European integration.

The situation under the President’s quota is not ideal either. In March, the Presidential Commission recommended three candidates for the Constitutional Court. It took over three months to finalise the appointment of Vodianykov. Unfortunately, two more seats remain unfilled, despite the AGE providing a sufficient list of suitable nominees.

As for the Congress of Judges of Ukraine, it is being forced to restart the selection process from scratch due to a lack of candidates who meet the requirements. A new call for applications is currently open, with submissions accepted until July 2. We hope that this time, truly qualified candidates will come forward, ones committed to defending the Constitution, not corporate interests.

Having a fully functioning Constitutional Court is one of the key benchmarks on Ukraine’s path toward EU membership. Ukraine has already earned recognition from the European Union by attaining candidate status, and with it, political trust. But without decisive action from the President and Parliament, that trust may quickly evaporate.

At DEJURE, we are closely monitoring the appointment process. We expect the relevant state institutions to stop dragging their feet and fill the remaining vacancies. Only a complete Constitutional Court can safeguard the stability of Ukraine’s checks and balances system.