EU-Ukraine Summit: judicial reform and the CC reform are among the top priorities

Comprehensive and consistent implementation of judicial reform remains vital to strengthening Ukraine’s resilience and future success. This is declared in a joint statement by President of Ukraine Volodymyr Zelensky, President of the European Council Charles Michel and President of the European Commission Ursula von der Leyen following the 23rd Ukraine-EU Summit.

In particular, the Presidents of the European Council and the European Commission welcomed the adoption of laws on the reform of the High Council of Justice and the formation of the High Qualifications Commission of Judges and stressed the need for urgent implementation of the reforms.

The EU representatives also stressed the need for immediate reform of the Constitutional Court.

“Judicial reform is mentioned in the joint statement as the first of all reforms. This indicates the significance of judicial reform for our European partners. We welcome the fact that the presidents have emphasized the importance of the reform of the Constitutional Court, especially in the context of the ongoing competition for the Constitutional Court under the President’s quota for non-existent vacancies. The appointment of judges of the Constitutional Court will only deepen the constitutional crisis, as it will call into question the legitimacy of the Constitutional Court for the next 9 years”

– said Stepan Berko, Advocacy Manager of the DEJURE Foundation.

On August 19th, the leading Ukrainian NGOs called on President Zelensky not to hold a competition for the Constitutional Court and not to appoint judges to vacancies that do not exist legally.

On September 2, at the hearing of the Parliamentary Legal Committee headed by Andriy Kostin, the MPs reconsidered amendments to the draft law № 4533 “On the Constitutional Procedure”, which was prepared for the second reading in June. The Committee decided to dismiss the previously considered amendments regarding the competitive procedure for the selection of candidates for the position of a judge of the Constitutional Court, leaving it as it is today.

On September 23, the G7 Ambassadors expressed concern over the draft law № 4533, which provides for the “reform” of the Constitutional Court without proper competition with the participation of international experts.