The involvement of worldwide consultants in competitions for key judicial our bodies is likely one of the most necessary safeguards to make sure their independence. In June 2025, the mandate of the preliminary composition of the Competitors Fee accountable for choosing members of the HQCJ got here to an finish. Below the present regulation, worldwide consultants will now not take part within the course of.
This growth might set off a series response of phasing out worldwide involvement in different choice procedures, placing in danger the progress already made in judicial reforms.
In 2023, after a four-year pause, the Excessive Qualification Fee of Judges of Ukraine (HQCJ) — the physique accountable for choosing and evaluating judges — resumed its work. This resumption was one of many seven situations essential to provoke EU membership negotiations for Ukraine.
The choice to the HQCJ came about beneath new guidelines: Ukraine deserted the quota-based method and launched a aggressive process for appointing HQCJ members. This course of was overseen by the Competitors Fee. Its first composition consisted of six members: three have been nominated by the Council of Judges of Ukraine, and the opposite three by worldwide organizations with impeccable reputations. Worldwide consultants held a decisive vote — their involvement ensured the independence and credibility of the method.
On June 1, the time period of workplace of the primary composition of the Competitors Fee expired. Going ahead, present laws gives that solely nationwide our bodies could nominate members to this Fee. This prospect prompted a robust response from 90 civil society organizations, whose joint assertion emphasizes that nationwide our bodies stay unreformed and lack public belief, making it important to proceed the involvement of worldwide consultants on this Competitors Fee.
Nonetheless, on July 22, the Excessive Council of Justice (HCJ) initiated the formation of the Fee with out together with worldwide consultants. Because of this, the urgency of the difficulty and the price of non doing have elevated considerably.
Why is sustained worldwide participation important not just for the HQCJ choice, but additionally for a spread of different key public our bodies? Let’s take a better look.
Obstacles and dangers in relaunching the HQCJ
In 2023, the HQCJ successfully "restarted" from scratch — all sixteen members have been appointed in a single day. Over the course of two years, one member, Roman Ihnatov, stepped down, and his seat stays vacant. On August 12, the HCJ will determine whether or not both of the 2 candidates really useful by the Fee could be appointed to the place. Almost certainly, the HCJ will refuse to nominate both candidate, as such a precedent already exists.
Whereas the work of the HQCJ has confronted criticism, civil society has repeatedly famous that there have been no important incidents that might undermine public belief within the establishment. For instance, the Public Integrity Council, which assists the HQCJ in judicial profession procedures, has referred to constructive cooperation with the Fee, regardless of some disagreements and no grounds for mistrust. Civil society has additionally expressed cautious optimism relating to the HQCJ’s efficiency — each in practice-based opinions and broader evaluations of its work.
On the similar time, the HQCJ has been subjected to stress from the State Bureau of Investigation (SBI), a truth acknowledged by the Fee itself and by civil society organizations. The Excessive Council of Justice, for its half, acknowledged that the SBI’s actions posed a menace to the authority of the judiciary. Curiously, the SBI had beforehand submitted a request relating to the dismissal of former HQCJ Chair Roman Ihnatov, who described these actions as stress.
It’s price noting that the present HQCJ members’ phrases are scheduled to finish in 2027. This implies Ukraine will as soon as once more face a large-scale competitors and a whole renewal of the Fee. Nevertheless, as talked about above, beneath present laws, the brand new HQCJ shall be chosen by a Competitors Fee fashioned by the Council of Judges of Ukraine, the Council of Prosecutors of Ukraine, the Ukrainian Bar Council, and the Nationwide Academy of Authorized Sciences of Ukraine. The work of those establishments, significantly their questionable appointments to numerous competitors commissions and their three-year failure to appoint members to the Excessive Council of Justice, has been repeatedly criticized by civil society. These points have been additionally famous by the European Fee in its enlargement report.
It’s already clear that the following composition of the HQCJ will inherit a variety of tasks from its predecessors:
- Finishing the choice of candidates for 1,800 native decide positions
- Finalizing the qualification evaluation of roughly 1,500 judges, which might result in many dismissals based mostly on the outcomes
- A possible competitors for the Supreme Courtroom.
The competence and integrity of future HQCJ members will straight decide how successfully these duties are carried out. Given the dimensions of the work forward, the following HQCJ will both considerably clear up and renew the judicial corps, or trigger it irreparable hurt.
The problem of the brand new composition of the Competitors Fee will turn out to be much more urgent if, on August 12, the Excessive Council of Justice fails to nominate a brand new member to the HQCJ. In that case, the brand new Fee will instantly start conducting a contest to fill the emptiness.
The presence of just one emptiness could also be used manipulatively — framed as a "check run" for nationwide stakeholders. Some could argue that they need to be given an opportunity, and that appointing another member to a physique that already has 15 members wouldn’t considerably have an effect on the establishment’s work, even when the process is flawed.
Appointing even a single candidate who has not undergone a good competitors would already pose a menace to the work of the HQCJ. Specifically, the HQCJ applies a apply whereby particular person members are accountable for particular processes. This provides them the autonomy to make selections that don’t require normal dialogue or a vote. On the similar time, such a member can considerably form the path and tempo of the process they oversee. If they’re topic to exterior affect, this might result in delays and even the derailment of, for instance, a selected competitors.
On this context, the appointment of "only one" member nominated by nationwide our bodies can be a part of a broader technique to exert stress on the HQCJ. This technique might contain steadily forcing present members to step down one after the other — for instance, through the use of prison proceedings — after which changing them, utilizing the identical mechanism, with extra loyal members.
On this approach, filling "only one" emptiness would function an incentive to create additional vacancies, together with by way of stress. Such a situation might in the end result in elevated persecution of HQCJ members.
Issues with the HQCJ competitors might set off a domino impact in different choices
The removing of the worldwide part from the HQCJ choice course of might set a harmful precedent and affect Parliament’s selections relating to the additional involvement of unbiased consultants in different choice our bodies. The Competitors Fee for choosing HQCJ members is the primary in line the place the participation of unbiased worldwide consultants is ending, regardless that the HQCJ itself has not but had the prospect to function totally following its relaunch.
For instance, this case might negatively have an effect on the work of the Public Council of Worldwide Specialists (PCIE), which assesses whether or not candidates for the Excessive Anti-Corruption Courtroom meet the factors of integrity {and professional} ethics. The PCIE’s mandate is predicted to run out in Might 2026.
Equally, within the coming years, the participation of worldwide consultants in competitions for posts in our bodies such because the Excessive Council of Justice, the Constitutional Courtroom, and probably the Nationwide Anti-Corruption Bureau can be anticipated to finish.
A vivid instance of the dangers posed by totally nationalized processes is the illegal choice by the Cupboard of Ministers to not appoint the top of the Financial Safety Bureau of Ukraine (ESBU), regardless of a clear competitors and the backing of worldwide companions. Even the presence of worldwide consultants on the fee and heightened consideration from G7 ambassadors was not sufficient to stop this illegal choice.
It’s already attainable to anticipate what could occur to future competitions if worldwide involvement is discontinued.
Undoing the progress
The expertise of the HQCJ reveals the journey of an establishment within the means of being established. That path isn’t with out missteps or criticism from stakeholders. At instances, the establishment has additionally confronted political stress, as within the case of the prison proceedings initiated by the State Bureau of Investigation.
But the HQCJ isn’t the one physique present process formation. Stakeholders should subsequently do all the things attainable to create the required situations for the event of all such new or reformed establishments. A key prerequisite is an unbiased and clear choice course of, because the efficiency of any establishment in the end relies on its composition. A good and high-quality competitors ensures that worthy candidates belief the method and are keen to use.
Lately, it has been the involvement of unbiased worldwide consultants that has secured candidates’ belief in such choice procedures. Nevertheless, the supply for this involvement isn’t everlasting — it’s ruled by so-called "sundown clauses," which means that it’s a momentary measure. This method is logical: over time, Ukraine was anticipated to construct strong home establishments able to assuming full accountability for competitions.
Nevertheless, apply reveals {that a} single iteration of forming a physique by way of an unbiased and clear course of isn’t sufficient to safeguard progress and belief, particularly when future procedures are deliberate to be handed over to unreformed nationwide our bodies. You will need to forestall the gradual reshuffling of collegial our bodies, the place the absence of an unbiased choice course of results in elevated stress on appointed members.
As soon as once more, the competitions for positions on the ESBU regardless of the federal government in the end appointing a winner, and on the Constitutional Courtroom of Ukraine illustrate the nationwide our bodies’ unpreparedness to imagine full accountability. Within the ESBU case, the federal government unlawfully refused to nominate the competitors winner, with none rational clarification aside from political motives. Within the Constitutional Courtroom case, Parliament has delayed for almost six months the appointment of judges from amongst independently chosen candidates. The physique conducting the competitors has publicly said that the delays and illegal calls for are coming from the Verkhovna Rada.
Whereas the participation of worldwide consultants is certainly a short lived measure, now’s clearly not the time to finish it. Quite the opposite, a number of extra rounds of competitions are wanted to protect the progress made and make sure the sustainable growth of those establishments.
In actual fact, the thought of a contest fee choosing a couple of composition of a physique has already been mirrored in regulation. For instance, Parliament has twice voted on the time period of worldwide consultants’ involvement within the choice course of for the Disciplinary Inspector Service of the Excessive Council of Justice. Finally, MPs supported a timeframe that might cowl two full-scale competitions for the Service — a sound and cheap method.
To protect and forestall
Members of Parliament can nonetheless save the HQCJ competitors — an opportunity they will seize now. To this finish, the Chair of the Verkhovna Rada’s Anti-Corruption Committee, Anastasiia Radina, alongside together with her colleagues, has registered Draft Legislation No. 13382. The draft proposes extending the mandate of worldwide consultants to allow them to additionally take part within the choice of the following composition of the HQCJ in 2027. Parliament could have the chance to undertake this regulation in August, when it reconvenes for plenary classes.
Passing this draft regulation is essential to keep away from setting a harmful precedent that might block entry to one of many key branches of energy. This difficulty is particularly important in gentle of the political resistance to appointing independently chosen candidates, as seen within the instances of the ESBU director and Constitutional Courtroom judges.
To keep away from repeating the scenario surrounding the HQCJ choice, the continued involvement of worldwide consultants in different competitors commissions should be deliberate prematurely. Nevertheless, with out broad assist from civil society and worldwide companions, such extensions are unlikely.
Kateryna Ryzhenko, Deputy Government Director of Transparency Worldwide Ukraine for Authorized Affairs
