The first meeting of Regional Steering Group of the new Council of Europe Project Regional dialogue on judicial reform in the Eastern Partnership countries
The first meeting of the Regional Steering Group within a new Project “Regional dialogue on judicial reform in the Eastern Partnership countries” was held at the premises of the Council of Europe (Strasbourg) on 10-11 September, 2015.
At the event Ukraine was represented by delegations of the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, the Ministry of Justice of Ukraine and the National Bar Association of Ukraine.
During the first day of the meeting in its presentation the Ukrainian delegation was focused on covering major novelties of the Law of Ukraine “On ensuring the right to a fair trial,” Strategy of the judiciary, judicature and related legal institutions reforming 2015 - 2020, approved by the Decree of the President of Ukraine, the main achievements of the Council of Judges of Ukraine and the High Qualification Commission of Judges of Ukraine work. Thus, special attention was paid to the development of Procedure and Methodology of Qualification Assessment of Judges and Regulation on Procedure of Maintenance of Judicial Dossier.
Separately, the representatives of Ukrainian judiciary drew the attention of the Council representatives and colleagues among the Eastern Partnership countries to the fact that to decide the matter of transfer of local court judges from uncontrolled territories of Donetska and Luhanska oblasts - where the justice administration is impossible in connection with the anti-terrorist operation - the Commission has taken a number of measures, namely: (1) decided to short the document list for judges; (2) approved the Regulation on special order for the transfer of a judge to another court due to the impossibility of justice administration in individual territories of Donetska and Luhanska oblasts, establishing the competition conditions and procedure for its implementation; (3) announced and held competition for the vacant post of judge for the transfer of judges to another court. Moreover, the representatives of the Council of Europe were informed that in accordance with the provisions of paragraph 10 of Section II Final and transitional provisions of the Law of Ukraine “On ensuring the right to a fair trial” the High Qualification Commission of Judges of Ukraine approved the Regulation on procedure for attachment of a judge to another court of the same level in another area and rendered 5 decisions on attachment of 226 judges of courts of general jurisdiction from Donetska and Luhanska oblasts to another court of the same level in another area due to the impossibility of justice administration on the territory where anti-terrorist operation takes place.
In its speech representatives of the Ukrainian delegation also positively assessed the achievements of Ukraine in creation of a single, independent and professional National Bar Association.
The second working day of the Steering Committee of the Council of Europe became very productive for Ukraine. Mr Oleksandr Sasevych, Member of the Council of Judges of Ukraine and judge of Lvivskyi County Administrative Court was elected as Deputy Chairman of the Steering Group. At the same time, the representative of Georgia Mrs Shorena Gigauri became the Chairman.
After the meeting of the Project Steering Group completed, the representatives involved in joint work of countries (Ukraine, Armenia, Azerbaijan, Georgia and Moldova) defined topics for discussion during 2015 and 2016 within newly established working groups. In particular they are the following: judicial independence and impartiality, disciplinary responsibility of judges, selection of judges, judicial qualification assessment, judiciary communication, alternative methods of dispute resolution and electronic court proceedings.
Adding to agenda of one of the working groups the issue on free legal aid system became an important achievement for Ukrainian lawyers, as well.
The Committee of the Council of Europe Project in cooperation with the involved experts will examine the issues that emerged in Europe around these topics and based on experience of each country of the Eastern Partnership will develop recommendations to ensure proper independence of judges from outside pressure on lawyers, providing free legal aid on behalf of the state. In addition, during 2015 - 2016 years the Steering Group of the Committee will process and offer to the countries generally accepted efficient and alternative variants of functions regulation and implementation by appropriate public authorities in the countries of Eastern Partnership. This information will become the basis for a general report upon the work of the Project.
Background information: new Project “Regional dialogue on judicial reform in the Eastern Partnership countries” was launched on 10 September 2015 in the office of the Council of Europe.
The Project is aimed at strengthening the independence and effectiveness of the judiciary in accordance with the European standards. It should empower judicial reform in our country and provide opportunity to develop shared solution, facilitating the judicial reform at the national level and strengthening relations and dialogue with professional lawyers from Europe.
Countries participating in the Project will share information about the current state of judicial reform in their countries, draw conclusions upon the current reform and develop practical tools for successful reform of the judiciary.
Under the frame of the Project the representatives of relevant high-level judicial bodies, ministries of justice, judicial authorities and bar associations were invited to work with six countries (Ukraine, Armenia, Azerbaijan, Belarus, Georgia and Moldova).
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