On December 10, the Apparatus of the Verkhovna Rada announced the start of accepting applications regarding two vacant positions to the High Council of Justice (hereinafter the HCJ).
We call on each parliamentary faction and group to hold an open competition in order to submit the most worthy candidates to the HCJ for consideration to the Parliament. We believe that this process is possible and does not require any changes to the Regulation or other laws.
According to the Regulation of the Verkhovna Rada, only parliamentary factions and groups can delegate candidates to the HCJ. That is why the selection of representatives to the most important body of judicial administration in the Parliament is very often made among party lawyers or Members of Parliament. At the same time, respected lawyers who are not affiliated with MPs’ groups and factions are deprived the opportunity to be selected to the HCJ.
That is why we call on each parliamentary faction and group to hold an open competition in order to submit the most worthy candidates to the HCJ for consideration to the Parliament. We believe that this process is possible and does not require any changes to the Regulation or other laws.
Faction and group may submit one candidate for one vacant position. We believe that each faction and group should publicly declare their readiness to consider applications of all interested persons who wish to participate in the competition and to inform about the way candidates can apply. In order to simplify this process as much as possible and prevent abuse by potential candidates, we suggest that persons who wish to participate in the competition should immediately submit all documents required by the law to factions and groups for consideration.
We believe that if parliamentary factions and groups make the process of selecting members to the HCJ more open and don’t wait for legislative changes, it will not only contribute to positive changes in the judicial reform and the process of cleansing the judiciary, but will also increase confidence in the judiciary, as well as to Parliament and political parties represented therein.
Anti-Corruption Action Center
All-Ukrainian Association AutoMaidan
Transparency International Ukraine