Constitutional amendments necessary for effective justice reform in Ukraine, say Council of Europe legal experts
Venice, 20.03.2015 – An opinion issued
today by the Council of Europe’s constitutional law experts, “the Venice
Commission”, states that the main obstacles to
ensuring an independent judiciary in Ukraine lie in constitutional provisions.
Even though Ukraine is facing a
particularly trying time, ensuring an independent judiciary is urgent and
essential for a more democratic future, experts said during the Commission’s
plenary session.
The Law
on the Judicial System and the Status of Judges is rooted in the existing
constitution, which prevents fundamental changes in the judicial system, said
experts from the Venice Commission and the Council of Europe’s Directorate of
Human Rights, who co-authored the opinion.
Experts said that the law was generally
“coherent” and “well put together” and appeared to follow previous
recommendations. Improvements cited include strengthening the role of the
Supreme Court as guarantor of the unity of jurisprudence, an emphasis on the
ceremonial role of the President in judicial appointments and the introduction
of a list of grounds for liability for “breach of oath”.
Yet, some serious problems need to be
addressed both at constitutional and legislative levels: the role of the Verkhovna Rada should
be excluded in the appointment to permanent posts, dismissal of judges and
lifting their immunities; the composition of the High Council of Justice should
be modified to ensure that it mainly consists of judges elected by their peers;
the power of the President to establish and liquidate courts should be removed
from the constitution.
The qualification assessments of judges
should provide appropriate safeguards and be harmonised
with the lustration process in Ukraine, the opinion pointed out. “Despite the
wish of the authorities to see incompetent and corrupt members of the judiciary
removed from office, if this is to be achieved it has to be carried out in a
fair and proportionate manner, which does not compromise judicial
independence,” the experts said.
Co-operation with the Ukrainian
authorities to amend the “Lustration Law” was discussed and a new opinion on
amendments to the law will be presented at the next plenary session in June.
Council of Europe
Directorate of Communications