09:40 12.10.2021

Appeal to Constitutional Court on unconstitutionality of law on appointing HCJ members does not mean reform halting – Supreme Court's head

2 min read
Appeal to Constitutional Court on unconstitutionality of law on appointing HCJ members does not mean reform halting – Supreme Court's head

The appeal of the Supreme Court of Ukraine to the Constitutional Court regarding the unconstitutionality of the law on the procedure for appointing members of the High Council of Justice (HCJ) does not mean a halt to judicial reform, Head of the Supreme Court Valentyna Danishevska has said.

In an exclusive interview with Interfax-Ukraine, Danishevska said the Supreme Court's appeal to the Constitutional Court is a warning of negative consequences in the form of a possible operation shutdown of the High Council of Justice.

"Now it is essential that the Ethics Council operates without violating the Constitution, so that foreign experts, not knowing our legislation and not understanding all the difficulties that exist in the judiciary, inadvertently dissolve the HCJ and stop the entire system," the court's head said.

Answering a question about whether the appeal to the Constitutional Court means the end of the reform, Danishevska said: "Absolutely not. [...]The Supreme Court's appeal is not at all intended to undermine the reform. This can only be done politically or with the help of the media, saying that the judiciary is supposedly opposed to this reform."

"Since the judiciary has doubts that not all provisions of law No.1635 meet the Constitution, there is a need to clarify these issues in advance, so as not to give an opportunity for those who are against the reform to appeal it in the future to the courts, including the European court. The more violations in the course of the reform, the faster the process goes in the opposite direction," Danishevska said.

In terms of the procedural aspects of the appeal consideration, then, according to the Supreme Court's head, the appeal concerns only some provisions of the law, and consideration in the Constitutional Court does not stop the force of the law.

"We will accept any ruling of the Constitutional Court, the main thing is that the Constitutional Court clarifies the situation with inconsistencies in the law that pose a threat to the functioning of the judiciary," the Supreme Court's head said.

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