Lack of competitive selection procedure for judges of the Constitutional Court of Ukraine
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
On March 18, expert discussions on the need for ensuring the independence of judges of the Constitutional Court of Ukraine, organised by the Centre of Policy and Legal Reform and the Reanimation Package of Reforms, was conducted.
The 2017 Law “On the Constitutional Court of Ukraine” did not provide for the selection procedure for judges of the CCU on a competitive basis. We believe that the lack of competitive selection procedure of the CCU judges in the law violates the Constitution. Parliament ignored the new constitutional provision on competitive principles for the selection of judges of the CCU and, in turn, established a pseudo-competitive procedure, which does not provide for the competitive selection of judges but comes down to pro forma evaluation of candidates’ documents and interviews.