Weekly analytics of the CPLR for 6 – 12 October 2020

Venice Commission has acknowledged that issues related to the integrity of the HCJ members must be resolved without delay.

On October 9, the Venice Commission and the Directorate-General for Human Rights and the Rule of Law of the Council of Europe approved a joint opinion on the draft law No. 3711 “On Amendments to the Law of Ukraine “On the Judiciary and Status of Judges” regarding the activities of the Supreme Court and judicial governance bodies”.

The most important are the following conclusions of the Venice Commission:

1.     Draft law No. 3711 should solve the urgent problem of filling vacant positions of judges; as regards other issues, in particular the issue of the integrity of the members of the High Council of Justice (hereinafter – HCJ), they should be addressed by another systemic draft law, which must be adopted without delay.

2.     Until the parliament adopts comprehensive systemic draft law on the interaction of judicial authorities, the independence of the High Qualification Commission of Judges (hereinafter – HQCJ) from the HCJ must be maintained.

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