Experts Ask West To Suspend the CCU Law Which Conflicts With EU Requirement

Tuesday, 20 December 2022

Ukrainian public organisations and experts ask the Venice Commission and other international partners not to delegate experts to the Advisory Group on the Selection of Judges of the Constitutional Court until the law corresponding to the commission's recommendations is amended.

DEJURE Foundation has published a joint statement on its website.

The statement also calls on MPs to immediately amend the adopted law to align it with the Venice Commission's recommendations. First, it should include the seventh member delegated by international partners of Ukraine in the Expert Advisory Group.

"In its current form, the law on the "CCU reform" does not consider the recommendations of the Venice Commission and the civil society calls, threatens democracy and European integration. The President's Office already controls five CCU judges. There are three parliamentarian appointments ahead, where the party "Sluha Narodu" has a monomajority, and two appointments under the quota of the Congress of Judges," the statement reads.

"If these appointments are filled by the adopted and signed law, which does not ensure independent selection, in the upcoming spring, the current political authorities will fully control the Constitutional Court. This is a direct threat to democracy in Ukraine," experts believe.

They underline that the newly adopted law also violates Ukraine's international obligations. The reform of the CCU selection is No.1 among the seven requirements related to Ukraine's EU candidate status and opening of accession negotiations.

President of Ukraine Volodymyr Zelenskyy signed on December 20 the draft law No. 7662 adopted by the parliament, introducing a competitive procedure for selecting CC judges. Even though public experts criticised this version and it contradicts the updated conclusion of the Venice Commission.

On December 19, the Venice Commission published its updated opinion on the draft law in No. 7662, recommending to add the seventh member to the commission under their quota and urging MPs to adopt the version of the draft law, which would provide for the meaningful participation of independent experts.

Read also: How Ukraine Meets EU Requirements: Analysing Seven EU Commission Criteria

If you notice an error, select the required text and press Ctrl + Enter to report it to the editors.
Advertisement: