Round table “Competition for position of member of the High Qualification Commission of Judges of Ukraine”
On February 12, 2020, on the initiative of the High Council of Justice the round table dedicated to the competition for the position of a member of the High Qualification Commission of Judges of Ukraine was held. The event was attended by representatives of the justice system, scholar community and experts.
Considering that the election of members of the HQCJU is within the authority of the HCJ (Article 95 of the Law of Ukraine «On the Judiciary and the Status of Judges» as of October 16, 2019), the latter has invited the parties concerned to discuss important issues of the competition to the HQCJU, in particular:
1. Compliance with the Regulation on the competition for the position of a member of the High Qualification Commission of Judges of Ukraine approved by the decision of the High Council of Justice dated December 10, 2019 № 3407/0/15-19, the requirements of current legislation, international legal obligations of Ukraine before the Council of Europe and the opinions of the Venice Commission.
2. The procedure of competition for the position of a member of the High Qualification Commission of Judges of Ukraine in accordance with the Regulation on holding a competition for the position of a member of the High Qualification Commission of Judges of Ukraine.
3. Prospects for practical implementation of the Law of Ukraine dated October 16, 2019 № 193-IX «On Amendments to the Law of Ukraine «On the Judiciary and the Status of Judges» and Some Laws of Ukraine regarding Activity of Judicial Governance Bodies» in the context of an appeal to the Constitutional Court of Ukraine.
4. Legal status of the High Qualification Commission of Judges of Ukraine in the procedure of appointment, qualification, transfer, evaluation, selection of judges, etc. in the aspect of the Law of Ukraine dated October 16, 2019 № 193-IX «On Amendments to the Law of Ukraine «On the Judiciary and the Status of Judges» and Some Laws of Ukraine regarding Activity of Judicial Governance Bodies» and the Regulation on the competition for the position of a member of the High Qualification Commission of Judges of Ukraine.
In accordance with part two of Article 951 of the Law of Ukraine «On the Judiciary and the Status of Judges» (as amended on October 16, 2019), the competition rules shall be approved by the HCJ. This very question regarding the Regulation provoked a great deal of discussions during the round table.
It is known that on December 12, 2019, the High Council of Justice announced the beginning of the competition for the position of a member of the High Qualification Commission of Judges of Ukraine and the formation of a Competition Commission.
The Competition Commission shall comprise: 1) three persons elected by the Council of Judges of Ukraine from among its members; 2) three persons from among international experts nominated by international organizations, with which Ukraine cooperates in the area of prevention and combating corrupt activities in accordance with international treaties of Ukraine, to serve as members of the Public Council of International Experts established in accordance with the Law of Ukraine «On the High Anticorruption Court».
Please be reminded that the Council of Judges of Ukraine has submitted to the High Council of Justice its proposals to the composition of the Competition Commission electing members of the HQCJU but international and foreign organizations with which Ukraine cooperates in the field of preventing and combating corruption did not submit their proposals.
Due to the termination of the powers of the HQCJU’s members on November 7, 2019, the important procedures affecting the work of the entire judicial system have been stopped. In particular, the qualification evaluation of judges for the compliance with the position held, the selection of candidates for the position of a judge, the competitions in the courts of first and appellate instances where a large number of judicial positions are still vacant and the courts cannot administer justice as well as the competition to the High Court on Intellectual Property were stopped.
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