The Venice Commission issued its opinion on draft law No. 9322 on amendments to the procedure for the CCU judges selection
The Venice Commission issued its opinion on draft law No. 9322 on amendments to the procedure for the CCU judges selection.
On the positive side:
- Members of the AGE, appointed under the international quota, can be citizens of Ukraine, for example, representatives of civil society. Including local representatives is a significant enhancement to the selection process, as it fosters a deeper understanding of the Ukrainian context and reduces the potential for manipulation. Furthermore, it dispels misconceptions about the “loss of sovereignty” associated with the “international quota” in the selection commissions for high-ranking government positions.
- The Venice Commission endorses the provision allowing appeals against decisions made by the AGE but only appeals to procedural matters rather than the substance of the decisions.
We hope that the MPs will consider the Venice Commission’s opinion and make amendments to the current version of draft law No. 9322.
However, the Venice Commission did not see any threats in the model of rating voting by the Parliament and the Congress of Judges. The Commission only noted that this model should not be mandatory for the Congress of Judges. Earlier, we explained why rating voting will lead to the politicisation of the competition here: https://bit.ly/3MVRcsl.
We hope that the MPs will take these concerns into account. If not, it will critically increase the importance of the AGE members, especially those appointed under the international quota, which will have a casting vote. The international partners must then submit an exhaustive list of three candidates for the AGE who have an impeccable reputation and will include a representative of Ukrainian civil society, as the Commission recommended.
According to our information, voting for draft law No. 9322 in the first reading will take place in the near future.
