The Council of Europe: in order to assess the integrity of judges/candidates for a position of a judge the objective criteria are required
In order to assess the integrity of candidates for the positions of judges, the Public Integrity Council should develop objective and formalized criteria. Such position was emphasized in the draft Report on the results of monitoring of Public Integrity Council functioning in line with the standards and recommendations of the Council of Europe, which was presented to the expert community on 28th of September 2017.
“The purpose of the Public Integrity Council creation is to ensure that Ukrainian judges become an example of integrity and credibility both in the eyes of society and their colleagues,” said Ms. Hanne Juncher, Head of the Department of Justice and Legal Co-operation of the Council of Europe during the presentation of the draft Report, adding that the process of appointing judges to the office is very sensitive in any democratic country.
In turn, the member of the High Qualification Commission of Judges of Ukraine Mr. Taras Lukash emphasized: “Advocates should fill the ranks of the judicial system. In order to involve more candidates for the competition, it is necessary to provide strong guarantees to the protection of their dignity”.
“It is worth to adopt objective and formalized criteria for assessment of professional ethics and integrity. Of course, it's easier to follow a Code of Judicial Ethics or Bangalore Principles, because they have more discretion. However, potential candidates should understand clear assessment procedures in order to decide whether to participate in the competition and how to protect their reputation,”- said the member of the HQCJ.
Other recommendations contained in the draft Report are as follows:
• To develop and approve unified standards for the preparation of PIC documents;
• To check obtained information and use reliable sources of information only;
• To unify the grounds for providing the opinion or information;
• To refrain from assessing of professional competence.
Also, it was emphasized on the necessity to ensure the opportunity for the judge or candidate for a judge’s position to get acquainted with the document (opinion or information) of PIC prior it would be published.
The Chairman of the High Qualification Commission of Judges of Ukraine Mr. Sergii Koziakov reminded that the Public for the first time is participating in the procedures of the candidate's assessment for a judge’ position.
He noted that the experience of the competition to the Supreme Court is worth taking into account for the modernization of the assessment methodology. “There are two procedures that will start soon and during which the HQCJ and the PIC will work together: qualification assessment of judges of local and appellate courts and holding a competition for the positions of judges of the High Court on Intellectual Property,” the Chairman of the Commission stressed.
Reference:
The report was prepared by the Ukrainian non-governmental organization “Ukrainian Bar Association” and the Council of Europe Project “Support to the implementation of judicial reform in Ukraine”.
