NEW MODEL FOR SELECTING CONSTITUTIONAL COURT JUDGES
Why did the crisis with the Constitutional Court arise?
The judges of the Constitutional Court of Ukraine (CC) are appointed by the President, the Parliament and the Congress of Judges. Although the Constitution envisages that the selection of the CC judges is conducted through a competition, the procedure established by the law does not provide for the real competition. Each of the appointing bodies conducts its own formal "competition", which, however, does not ensure the compliance of the candidates with the constitutional requirements and does not guarantee that the best candidates are appointed. The existing procedure allows appointing politically dependent candidates, who when appointed protect their political patrons instead of protecting the Constitution and human rights. The latest decision of the CC on the e-declaration system is a bright example of such state of affairs. Therefore, the procedure for selecting the CC judges should be changed immediately.
How should the new model for selecting Constitutional Court judges look like?
Who should select the CC judges?
A single Qualification Commission for all the appointing bodies.
What will be the composition of the Qualification Commission?
9 citizens of Ukraine, who comply with the requirements for the CC judges (except for the age limitations).
How will the Qualification Commission be formed?
- The first composition of the Qualification Commission will be established by the Congregation of the retired judges of the first composition of the CC (appointed as CC judges in 1996), except those judges who currently are members of political parties, hold seat in the Parliament or local council, or hold a public service position;
- In future, the Qualification Commission will itself select its members by co-option principle.
Who will delegate the members of the Qualification Commission?
5 members will be delegated by the Congregation of the retired judges of the first composition of the CC (the retired CC judges can also be delegated). 4 members will be delegated by the international organizations – partners of Ukraine in preventing and fighting corruption as provided by international agreements of Ukraine (this procedure is similar to the selection procedure of the judges of the High Anticorruption Court).
What will be the authority of the Qualification Commission?
The Qualification Commission will:
- Assess candidates on their compliance with formal requirements (age, professional experience etc.);
- Develop the criteria for the assessment of the integrity (high moral qualities) and widely recognized level of competence of the candidates. The Qualification Commission will also assess the compliance of the candidates with these criteria;
- Form the list of candidates who meet the requirements of the Constitution and can be appointed as CC judges.
How will the competition be held?
- The Qualification Commission will select the candidates at least once a year (the existence of open vacancies in the CC is not necessary);
- The Qualification Commission will approve the list of candidates, who can be appointed by the President, the Parliament and the Congress of Judges as CC judges;
- Candidates will remain on the list for 5 years, and during this period they can be appointed as the CC judge. After the term expires they can once again participate in the next competition.
How will the Qualification Commission adopt decisions?
The Qualification Commission will adopt its decisions by ⅔ majority of the votes (6 out of 9 members).
