The
Venice Commission had given positive conclusions to amendments to the
Constitution of Ukraine that ensure reforming of the judicial system and
replacement of all judges. Such statement has been made after the Venice
Commission meeting by the Minister of Justice of Ukraine Pavlo Petrenko.
The VC resolved that judicial system’s full reboot is
possible only after approving amendments to Ukraine’s fundamental law. However,
VC experts warned us from immediate dismissal of all judges.
Appointment of judges through public contests won’t
contradict the basic EU standards. In case of a new court structure will be
created, the judicial system has to be accessible to both old judges and those,
who haven’t previously worked in the system. They are going to be on equal
footage during the open contest and decide who will win and take the judge’s
seat.
“In their conclusion, the Venice Commission stated
that during the reorganization of the judicial system and the forming of the
judicial system’s new model, the State has the right to re-appoint judges.
Existing judges have the right to take part in this process but only due to
this re-appointment there is an opportunity to update the judicial system”, -
stated the Minister.
According to him, the Venice Commission practice has
always been aimed at maximum protection of judicial immunity and the
impossibility of dismissal of judges. They have changed their practice,
understanding Ukraine’s current situation, as well as the fact that without
radical changes and judicial system reboot it is impossible to implement other
reforms.
Venice Commission experts have encouraged making
access to courts generally accessible for the public.
“Specialized courts impede access to justice, when a
citizen has to go through several appeals in order to receive court’s final
decision. VC’s point of view was for Ukraine to simplify the judicial system
and remove dualism of cassation instances, which are the Supreme Court and
specialized courts in Ukraine”, - said Pavlo Petrenko.
The third position of the VC was the necessity to
remove any political influence from other branches of power on a judge’s
career.
“Neither the Parliament, nor the President must affect
the career, appointment or dismissal of judges. An independent body, consisting
mostly from judges, will be responsible for above stated tasks”, - the Minister
pointed out.
Positive conclusions from the VC experts have become
possible thanks to a consolidated position on the suggested amendments in all
branches of power in Ukraine.
“Now it is up to the Constitutional commission and its
members, consisting of all political parties represented in the parliamentary
coalition, to form a consolidated package of amendments”, - Pavlo Petrenko
said.
Ukrainian Justice Minister reminded that the
Government has formed a concept of judicial reform, which then has been sent to
the Constitution commission and almost all provisions, introduced in this
concept, have been approved by the Venice Commission.
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