How to (not) hold on to a position: insights from the eternal head of the HQCJ Secretariat, Ponomarenko

Remember Olena Ponomarenko, the former head of the Secretariat of the High Qualification Commission of Judges (HQCJ), who was recently dismissed? Previously, civil society had raised concerns about her potential abuse of authority and subpar performance. Despite this, Ponomarenko refuses to relinquish her position and has filed a lawsuit in the Kyiv District Administrative Court against Andriy Pasichnyk, the head of the HQCJ.

It appears that through this legal challenge, Ponomarenko seeks to have her dismissal deemed unlawful. Notably, since 2017, legislation has required candidates for the head of the HQCJ Secretariat to undergo a competitive selection process, with tenure limited to a fixed term. However, Ponomarenko remained in her role indefinitely and without competition.

The need for reform of the Secretariat has also been highlighted by the European Commission in its report. DEJURE Foundation supports the call for leadership renewal within the Secretariat through a transparent and open selection process, as this will contribute to the HQCJ’s effective functioning.