13:06 22.06.2015

Venice Commission approves giving only functional immunity to judges – presidential administration official

2 min read
Venice Commission approves giving only functional immunity to judges – presidential administration official

Deputy Head of the Presidential Administration of Ukraine Oleksiy Filatov participated in the 103rd plenary session of the European Commission "For Democracy through Law" (Venice Commission), during which he informed Venice Commission experts of the work of the Constitutional Commission.

According to the Presidential Administration's press service, during the plenary session the Venice Commission considered the draft conclusion on the bill "On making amendments to the Constitution of Ukraine (on immunity of MPs and judges)" that foresees limiting the immunity of MPs and judges.

The Venice Commission gave its approval to granting only functional immunity to judges, which would bring them to justice for actions committed when performing their jobs. The commission also approved transferring the powers to strip a judge off their immunity from the Verkhovna Rada of Ukraine to the High Council of Justice.

The Venice Commission also agreed with the necessity of cancelling immunity for MPs as it exists under the current Constitution. The commission noted that such norms might become an obstacle to battling corruption. According to the commission's conclusion, it's practical to introduce a mechanism to prevent interference in the parliament's activity that will be different from the immunity of MPs.

In his speech, Filatov said that the first priority for the Constitutional Commission would be the amendments to the Constitution on decentralization and justice. Greater demands will be suggested regarding justice, specifically the age and professional experience of a judge, rejecting trial periods and appointing judges for an indefinite amount of time, the functional nature of judges' immunity, the appointment of judges by contest selection only, and changing the procedure of forming the High Council of Justice.

"Drafts of amendments to the Constitution of Ukraine in regards to decentralization and justice will be finished by the end of June – beginning of July, and passed over to the Venice Commission experts to provide a corresponding conclusion," reads the statement.

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