15:19 23.10.2015

Venice Commission says dismissal of all Ukrainian judges doesn't meet European standards

2 min read
Venice Commission says dismissal of all Ukrainian judges doesn't meet European standards

The European Commission for Democracy through Law (Venice Commission) released conclusions about the draft changes to the Ukrainian constitution, saying that the dismissal of all judges is inconsistent with European standards and the principle of the rule of law.

"The Venice Commission noted that the dismissal of all judges, save for exceptional cases, such as the changing of the constitutional system, is not consistent with European standards and the principle of the rule of law. At the same time, it does not rule out the renewal of the corps of judges through mechanisms of reorganizing certain courts and evaluating all judges on the subject of their conformity to the professional, ethical and good standing criteria, which coincides with the position of the Constitutional Commission," deputy chief of the Ukrainian presidential administration, Oleksiy Filatov, was quoted by the president's press office as commenting on the conclusions.

At its plenary session on October 23, the Commission issued a favorable conclusion on the relevant draft changes to the constitution, the press office said. "In its final conclusion on the draft, the Venice Commission notes that the final version of constitutional changes is very positive and well-prepared, and merits full support," the statement said.

Commenting on the final conclusion by the Venice Commission, Filatov said that the Commission confirmed that the draft conforms to European standards. "We are grateful to the Venice Commission experts for this high assessment and hope the finalized draft of constitutional changes will soon be approved at a plenary session of the constitutional commission and submitted by the president for consideration by Verkhovna Rada," he said.

The Venice Commission welcomed the scrapping of a trial period for judges and of "the oath violation" as a reason for a judge's dismissal, and the introduction of a competition procedure for the appointment of judges, the statement said. The draft also proposes a new way of forming the Supreme Council of Justice, where elected judges make up a majority; a prosecutorial reform and the scrapping of prosecutors' powers to exercise general oversight; and the introduction of the institution of constitutional complaint.

In addition, the Venice Commission notes that only gross misconduct can lead to a dismissal of the Constitutional Court judges, the press office said.

Ukrainian Prime Minister Arseniy Yatseniuk said earlier that the country's judiciary reform must consist of a complete renewal of the corps of judges.

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