The Ukrainian parliament approved in the second reading draft law No. 9322, which clarifies the competitive selection of candidates for the post of judge of the Constitutional Court of Ukraine (CCU).
The MP Yaroslav Zheleznyak reports this.
Having adopted this decision, the Verkhovna Rada fulfilled the first recommendation of the European Commission for Ukraineʼs membership in the EU.
A norm was added to the law, which strengthens the role of international experts in the selection of candidates.
If due to the same number of votes "pro" and "contra", the Advisory Group of Experts cannot make a decision, a second vote is held.
In case of an equal number of votes for and against during such re-voting, the votes of three members of the Advisory Group of Experts, at least two of whom are nominated by international organizations or the European Commission for Democracy through Law, shall be decisive.
- On December 13, 2022, the Verkhovna Rada supported draft law No. 7662 on the selection of judges to the Constitutional Court without an amendment on the number of members of the Advisory Group of Experts, which selects candidates for the position of judges. The Venice Commission saw in this the risks of political interference. On December 19, it published an updated opinion on the draft law, recommending changes proposed by experts in the field of judicial reform. Despite this, President Volodymyr Zelensky signed the law.
- The European Commission expects that Ukraine will fully take into account the recommendations of the Venice Commission to the law on competitions for the positions of judges of the Constitutional Court of Ukraine.
- This law is one of the requirements of the European Union for the start of accession negotiations. On June 23, Ukraine officially became a candidate for membership of the European Union. And the European Commission has approved certain conditions that Ukraine must fulfill in order to start official accession negotiations. Ukraine planned to fulfill them by the end of 2022.
- On May 6, President Volodymyr Zelensky informed that Ukraine is introducing a competitive selection procedure for judges of the Constitutional Court for the first time.