Experts from the EU Project "Pravo-Justice" as a result of an analysis of the selection and evaluation procedures of judges in Ukraine, which is carried out within the judicial reform by the High Qualification Commission of Judges of Ukraine (HQCJ), have concluded that its discretion meets the procedural preventive measures.
“Since computers cannot make a final decision on who will be a good judge, we believe that certain discretion [the power of an official or government authority to make decisions on any issue as they wish] should be left to persons who are authorized to make decisions, for example, who are members of the HQCJ, and they should elect the best candidates for the post,” the press service of the High Qualification Commission of Judges of Ukraine (HQCJ) informed Ukrinform.
Experts, in particular, declare the existence of many procedural guarantees that sufficiently balance the discretion of the HQCJ in making decisions regarding the career of a judge, namely:
- availability of a detailed methodology and rules;
- automated testing at different stages of the procedure;
- preliminary and final ratings of candidates;
- collegial decision-making by the Commission (boards, plenary meetings);
- the establishment of the Public Council of Integrity with its powers;
- participation of third parties in the procedures, including NABU;
- publicity and transparency of the procedures.
“The situation on the selection of judges in Ukraine is much better than in Lithuania or Austria. In Austria, journalists could not even have a discussion on the selection of judges, because it takes place behind closed doors. Of course, everyone wants the selection algorithm to be perfect, and if such a model existed, we would apply it, but the truth is that there is an element of discretion in every country, and there are no standards for the limits of discretion. The selection procedures for judges in Ukraine are well organized and successful," reads a statement by Georg Stawa, the head of the Department for Strategic Planning of the Austrian Ministry of Justice, the expert of the EU Project "Pravo-Justice".
The report “Selection and Evaluation of Judges in Ukraine” was prepared by international experts in the framework of the special expert mission of the EU Project "Pravo-Justice" to review and provide recommendations on the judicial reform in Ukraine in the context of legislation and practice of selection and evaluation of judges.
As reported, in 2016, Ukraine began a process of systematic re-loading of the judiciary by introducing a compulsory qualification assessment of all active judges in order to confirm their ability to administer justice. The reboot of the judiciary also involves the selection of new judges and the creation of new courts. More than 6,000 judges and candidates for judicial positions will pass through the procedures developed by the High Qualification Commission of Judges of Ukraine (HQCJ).
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