The independent and merit-based judicial selection system in Ukraine. Introduction to the 2023 reform of the constitutional court of Ukraine

Автор(и)

DOI:

https://doi.org/10.61345/1339-7915.2025.2.8

Ключові слова:

Judiciary, Constitutional Court, judges, fair and merit-based selection, international experts, Advisory Group of Experts, reforms, professional integrity

Анотація

Since 2014, Ukraine has implemented judicial reform to address systemic issues such as corruption, nepotism, and a lack of transparency within the judiciary. A pivotal moment in this transformation occurred with the 2016 constitutional amendments, which established competitive selection procedures for judicial appointments, including those to the Constitutional Court of Ukraine. These initiatives prioritize evaluating candidates’ professional competence and ethical standards by establishing the Advisory Group of Experts and other relevant bodies such as the Ethics Council, Selection Commission, etc – comprising both Ukrainian and international representatives – tasked with conducting impartial, politically independent assessments. Including international experts enhances the transparency and fairness of the selection process, mitigating the influence of patronage and ensuring that judicial appointments are based on merit. This reform initiative is a critical component of Ukraine’s broader strategy to align its judicial system with European Union standards, thereby fostering greater accountability and transparency in the legal framework.

Посилання

The Constitution of Ukraine [in Ukrainian].

The Law on Constitutional Court of Ukraine [in Ukrainian].

Joint Opinion of the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe on the draft amendments to the Law ‘on the Judiciary and the Status of Judges’ and certain Laws on the activities of the Supreme Court and Judicial Authorities (draft Law no. 3711), adopted by the Venice Commission at its 124th online Plenary Session (8-9 October 2020). Opinion No. 999 / 2020 (CDL-AD(2020)022). URL: https://www.coe.int/en/web/venice-commission/-/CDL-AD(2020)022-e.

Opinion on the Draft Law “On Amending Some Legislative Acts of Ukraine Regarding Improving Procedure for Selecting Candidate Judges of the Constitutional Court of Ukraine on a Competitive Basis”, adopted by the Venice Commission at its 133rd Plenary Session (Venice, 16-17 December 2022). Opinion No 1109 / 2022. CDL-AD(2022)054. URL: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2022)054-e.

Follow-up Opinion “On the Draft Law “On Amendments to Certain Legislative Acts of Ukraine on Improving the Procedure for the Selection of Candidates for the Position of Judge of the Constitutional Court of Ukraine on a Competitive Basis” (Draft Law No. 9322 of 25 May 2023), adopted by the Venice Commission at its 135th Plenary Session (Venice, 9-10 June 2023). CDL- AD(2023)022. URL: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2023)022-e.

Urgent Follow-up Opinion “On Amendments to Certain Legislative Acts of Ukraine to Clarify the Provisions on the Competitive Selection of Candidates for the Position of Judge of the Constitutional Court of Ukraine”, adopted on 25 September 2023 pursuant to Article 14a of the Venice Commission’s Rules of Procedure. CDL-PI(2023)022. URL: https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-PI(2023)022-e.

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Опубліковано

2025-08-11

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