The paralysed guardian: towards an independent Constitutional Court of Ukraine

The Constitutional Court of Ukraine remains  weak, docile and inefficient; now it is also paralysed in its new responsibilities. It is therefore urgent that a new law on the Constitutional Court be drafted, consulted on and adopted.

It should:

  • be precise on the selection procedure to guarantee true competition among the candidates and minimise the influence of political actors
  • establish a single competition panel to recommend candidates to the authorities that appoint judges (parliament, President and Congress of Judges)
  • regulate competition procedures and all activities and practices of the single panel
  • prohibit authorities from ignoring the outcomes of the competition; appointments should only be made from among those recommended by the panel
  • include specific and precise provisions on dismissal, in particular providing detail on the legal meaning of an “essential disciplinary transgression, gross or systematic negligence of duties incompatible with the office of a justice” or of the “inaptitude for the office held” – criteria mentioned in the Constitution. A procedure for initiating dismissals on such grounds should also be laid out in law.

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Full paper in Ukrainian