The President established a Selection Commission to select judges of the Constitutional Court - F4E1B
Back

The President established a Selection Commission to select judges of the Constitutional Court


Читати українською

Yesterday, Volodymyr Zelensky signed a decree on the establishment of a SelectionCommission to select judges of the Constitutional Court under the President’s quota. Such a decision only deepens the constitutional crisis in the country.

The Presidential quota in the Constitutional Court is currently full. Apparently, President Zelensky will try to appoint judges of the Constitutional Court instead of the unconstitutionally “dismissed” Tupytsky and Kasminin.

Judges “appointed” in this way will have no legitimacy, as they will be appointed to replace unconstitutionally dismissed judges. Therefore, independent and professional candidates will refuse to participate in the competition, moreover, there may be an attempt to appoint political proteges to the position of judges of the Constitutional Court.

Due to the obvious unconstitutionality of the Zelensky decree on the dismissal of Kasminin and Tupytsky, these judges may soon be reinstated.

As a result, a situation may arise when four judges will run for two positions in the Constitutional Court: the “dismissed” Tupytsky and Kasminin and the newly “appointed” Zelensky judges. This will undermine the legitimacy of the decisions of the Constitutional Court.

The competition for the Constitutional Court will not be held by national and international experts, as advised by the Venice Commission, but by individuals nominated by the chairman of the President’s Office, Andriy Yermak.

It is unknown how this Selection Commission will examine candidates and determine whether they have “high moral qualities” and whether they are “lawyers with a recognized level of competence.”

 If the decent competition procedure provided for in the Constitution and the advice of the Venice Commission had been introduced, we would have had half of the judges of high integrity in the Constitutional Court this year. And the majority next year.
Instead, we get a deepening of the constitutional crisis and the delegitimization of a key institution of the state right at the time of the accumulation of enemy troops on the border and the direct threat of a full-fledged war,”

– explains Mykhailo Zhernakov, Chair of the Board at the DEJURE Foundation

Other news
To the section
New rules bring new risks. What the draft law on the selection of HCJ members changes
New rules bring new risks. What the draft law on the selection of HCJ members changes

The government’s draft law submitted to the Venice Commission for consideration, in addition to a new procedure for forming the HQCJ, also substantially changes the procedures for electing (appointing) members of the High Council of Justice (HCJ). The proposed changes may create new risks for...

The government proposes a “broken bicycle” for international experts in the commission selecting HQCJ members
The government proposes a “broken bicycle” for international experts in the commission selecting HQCJ members

The High Qualifications Commission of Judges (HQCJ) is a body that can recommend a person for the position of judge or recommend their dismissal. That is, whoever decides your case, should you suddenly have to go to court, depends on the HQCJ’s assessment. Judges over judges, so to speak. Logi...

DACK cases and judges can end up in the same court again
DACK cases and judges can end up in the same court again

The High Qualifications Commission of Judges (HQCJ) has recommended transferring 6 judges of the liquidated DACK to the Kyiv District Administrative Court (KDAC). All the cases of the liquidated DACK had previously been transferred to the KDAC as well. In other words, the nameplate has changed, but...