The HQCJU will continue the qualification assessment of judges and urges the PIC to conduct its duties in accordance with the law
The Public Integrity Council carries out an important role in the process of assessing the country’s judiciary. The Commission proposes the PIC to continue performing its duties and take into account the simple rules for documents drafting – this approach will facilitate real help in resetting the judiciary corps.
For the first time in the history of Ukraine, within the frameworks of judicial reform, a large-scale qualification assessment of all judges of the country takes place. The purpose of the assessment is to check whether the judge is in compliance with the position of a judge under the criteria of competence, ethics, and integrity. The judges who will not be successful in the assessment procedure will be fired.
The qualification assessment procedure anticipates passing psychological tests, the exam that consists of a test to verify the level of knowledge in the field of law and the practical task on writing a judicial decision, as well as interviews based on the results of a judicial dossier background check. Such judicial dossier contains information provided by numerous competent authorities. One of the documents is provided by the Public Integrity Council – the body that should assist the HQCJU in carrying out the qualification assessment.
However, the PIC has refused to enforce the provisions of the Commission’s Regulations regarding documents that have been sent to the Commission and has announced on termination of its participation in the qualification assessment procedure.
We would like to draw attention that the conducting of qualification assessment is an important process of judicial reform. In accordance with the Article 87 of the relevant law, the Public Integrity Council was established entirely for this procedure.
With this connection, the HQCJU proposes to the Public Integrity Council to enforce its statutory responsibilities and facilitate the assessment of judges by providing well-grounded, properly documented opinions and information on judges of Ukraine. In order to eliminate the deficiencies of already submitted documents, the HQCJU provided the PIC with additional 10 working days.
Starting November 2017, the first portion of 990 judges out of 5,700 judges has begun to undergo the assessment. On March 23, 2018, the first interviews took place. Thus, the assessment procedure lasts four months. However, in its opinion dated October 26, 2015, the Venice Commission indicated that this procedure should be “limited in time, carried out quickly and effectively with the utmost care”.
We would like to emphasize, that the desire to stretch in time already long-lasting assessment procedure contradicts the opinions of the Venice Commission.
During the interviews, the HQCJU was forced to postpone interviews with 17 judges due to the unconformity of the submitted by PIC opinions to the Commission’s Regulations, which foresees simple rules:
- to submit information and opinions in advance (10 days prior the interview);
- to sign the documents submitted by the PIC (by all members of the PIC who participated in their adoption);
- to provide judges with the opportunity to clarify the facts detected by the PIC (recommendations and reports of the CCEJ No. 17, the Council of Europe, ODIHR / OSCE regarding the right of a judge to an answer).
The Commission acts in accordance with Ukrainian legislation since compliance with the procedures is important to secure the rights of all citizens who are waiting for the results of judicial reform. This concerns the establishment of a procedure for conducting a qualification assessment, which is defined by the specialized law, the announcement of schedules and the provision of time to correct deficiencies to count maximally the information from representatives of the PIC.
The HQCJU informs Ukrainian citizens that the qualification assessment will continue as planned.
Already on March 27, 2018, there will be next interviews with judges who are being assessed. The Commission recommends to judges, in whose relation the qualification assessment procedure for compliance with the position of a judge is carried out, to demonstrate their restraint and stress resistance.
Every citizen can follow the interviews with judges on the Commission’s YouTube channel, as well as facilitate the implementation of judicial reform.
We address to all citizens to assist the Commission in carrying out the assessment and to provide verified facts on the integrity of judges from all regions of Ukraine to the HQCОU. At present we have a common chance to reform the judiciary.
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