The Commission supported the amendments to the Constitution of Ukraine in part of justice
On 12 January 2016 the Constitutional Court of Ukraine completed an oral hearing of the case upon the request of the Parliament of Ukraine to give an opinion on compliance of the draft amendments to the Constitution of Ukraine (in part of justice) to Articles 157 and 158 of the Constitution of Ukraine.
In the proceedings the following people were involved: Mr. Oleksii Filatov, Deputy Head of Presidential Administration of Ukraine, Mr. Anatolii Selivanov, Permanent Representative of the Parliament of Ukraine to the Constitutional Court of Ukraine, Mr. Yaroslav Romaniuk, President of the Supreme Court of Ukraine, Mr. Ihor Benedysiuk, Chairman of the High Council of Justice, Mr. Sergii Koziakov, Chairman of the High Qualification Commission of Judges of Ukraine and Mrs. Valentyna Simonenko, Chairman of the Council of Judges of Ukraine.
In his speech the Commission Chairman noted the importance of the proposed changes to the Constitution of Ukraine. He stressed that the High Qualification Commission of Judges of Ukraine worked out the Draft Law of Ukraine “On Amendments to the Constitution of Ukraine (in part of justice)” № 3524 and considers that its adoption will neither consequences into cancellation or restriction of the rights and freedoms of a man and citizen nor liquidation of independence or violation of the territorial integrity of Ukraine.
According to Mr. Sergii Koziakov, the Draft Law № 3524 provides for the establishment of the High Council of Judicature as a body, independent from political influence, and that will be responsible for the judicial career and for taking steps to ensure the independence of judges, etc. It also provides to eliminate duplication of powers within the judicial system and to increase the requirements and professional standards for the judiciary.
Chairman of the Commission noted the fact that the Draft brings the judiciary reform in line with the conclusions of the Venice Commission, namely to prevent an automatic dismissal of all judges and resolving the issue of the terms of office of judges.
The adoption of the Draft Law № 3524 aimed at implementation of the European Court of Human Rights judgment and brings the Constitution and laws of Ukraine to European standards in part of justice.
Mr. Sergii Koziakov noted that the Draft Law defines de-politicization of the process of the judiciary formation by transferring certain powers of the President of Ukraine and the Parliament of Ukraine to the High Council of Judicature, including the selection, appointment, transfer and dismissal of judges. This approach corresponds to CCJE Opinion No. 18 (2015): “The independence of the judiciary and its relations with the other powers in a modern democratic state”
In this case the Constitutional Court of Ukraine has completed an oral hearing and moved to the closed part of the plenary session for discussion and preparation of the opinion.
