International and foreign organizations will not nominate international experts to the composition of the Competition Commission regarding selection members to the High Qualification Commission of Judges (HQCJ). The reason was doubtful provision approved by the High Council of Justice (HCJ).
This became known from the letter of the United States Agency for International Development (USAID) sent to the HCJ on December 26, 2019. The copy of it was received as the result of request for information.
In the letter to the HCJ the USAID, which is the foreign organization that may nominate experts to the composition of the Competition Commission according to the law, strongly recommended the High Council of Justice to review the Regulation on Procedure. Issues that cause concern of international partners are:
– the requirement regarding majority of judges in the newly-created HQCJ;
– the ability of the HCJ to reject recommendations of the Competition Commission, which neutralizes the role of the Commission in the process;
– excessive requirements to international experts regarding the need to confirm educational attainment and expertise in order to take part in the Competition Commission.
The High Council of Justice apparently ignored warning of international partners, since it had not made any changes to the provision within one month and a half.
We should recall that earlier public organizations which deal with the issue of judicial reform noted that the High Council of Justice had blocked the competition to the HQCJ due to approval of the provision that had completely neutralized the role of international experts.
The selection of members of the High Qualification Commission of Judges at transparent competition with the participation of international experts is one of key points of the judicial reform initiated by the President Volodymyr Zelenskyi.