The High Council of Justice failed President Zelensky’s judicial reform

On February 5, the deadline for the formation of the High Qualification Commission of Judges (HQCJ) and the Ethics Commission of the HCJ expired. Contrary to the law, the High Council of Justice did not take any measures to establish them. Thus, the HCJ failed President Zelensky’s judicial reform.

According to the High Council of Justice, the current shortage of staff in the courts is about 2,000. Eight courts in Ukraine do not administer justice at all due to the lack of judges. Given that there are currently approximately 7,500 judicial positions in Ukraine’s judiciary, there is a shortage of one in three judges in the courts.

These vacancies were to be filled by the High Qualifications Commission of Judges, the previous composition of which was dissolved by Presidential Law № 193-IX in November. The law provided for the formation of the new HQCJ by February 5.

To select members of the new Qualification Commission, the HCJ was to form a Selection Commission, which would include three members of the Council of Judges of Ukraine and three international experts from among those who selected judges for the High Anti-Corruption Court of Ukraine.

Contrary to the law, the High Council of Justice approved a Regulation on the competition for the HQCJ, which levelled the role of international experts in it. In particular, the HCJ allowed itself to appoint members of the HQCJ not only from among those recommended by the Selection Commission but from among all candidates. Due to such a decision, as of today, the process of forming a new HQCJ has not even begun.

Another requirement of the Law was the cleansing of the Supreme Court and the High Council of Justice itself from members of low integrity. To this end, the Law provided for the establishment of the Ethics Commission, which was to consist of three HCJ members and three international experts. International organizations delegated their representatives on time.

Instead, the High Council of Justice did not amend its own Rules of Procedure and did not nominate its delegates to the Ethics Council. Thus, the HCJ blocked the formation of the second body, provided by judicial reform. Therefore, the Supreme Court will have 44 judges who have received opinions on non-compliance with the criteria of integrity from the Public Integrity Council.

“Such a delay shows that the High Council of Justice is doing everything possible to prevent real reform of the judiciary. It is necessary to eliminate HCJ from this process. NGOs expect a quick response from the President to the sabotage of judicial reform by him”
                              – says Mykhailo Zhernakov, the Chair of the Board of the DEJURE Foundation.