A recent ruling by the Constitutional Court of Ukraine that undermined the country’s asset declaration system for officials “calls into question” Ukraine’s commitments to its international partners, according to an official statement by the European Union.
In the Nov. 3 message, Peter Stano, EU spokesperson for foreign affairs and security policy, called on the Ukrainian authorities to quickly save the legislation establishing the country’s anti-corruption infrastructure.
On Oct. 27, the Constitutional Court of Ukraine declared Ukraine’s system of publicly available e-declarations of state officials unconstitutional, potentially derailing much of the country’s progress in battling graft since 2014.
Earlier, on Sept. 16, the Constitutional Court also ruled that some provisions of the law on the National Anti-Corruption Bureau of Ukraine were unconstitutional, threatening the work of Ukraine’s most credible anti-corruption agency.
The rulings by the largely unaccountable court have brought Ukraine to the verge of a constitutional crisis. Since then, political observers and Ukraine’s ambassador to the EU have raised concerns that the decisions could threaten Ukraine’s continued cooperation with the EU, international aid for the country and the visa-free regime it has enjoyed with the countries of the Schengen Zone since 2017.
Stano confirmed as much in his statement.
“The fight against corruption is one of the key benchmarks and commitments that Ukraine has taken in the framework of the Association Agreement, the recently agreed macro-financial assistance program between the EU and Ukraine and the visa liberalization process,” he said.
Currently, the Ukrainian leadership is scrambling to find a solution to the crisis. President Volodymyr Zelensky has registered a draft law in parliament that would fire all 15 judges of the Constitutional Court.
However, that bill is likely unconstitutional. Constitutional Court judges can only be fired by a vote of two-thirds of their colleagues. Moreover, the bill is struggling to find the necessary support in parliament, despite the fact that Zelensky’s political party, Servant of the People, holds a majority of seats there.
Meanwhile, over 200 lawmakers have signed a petition requesting 11 Constitutional Court judges resign. The parliament is also ready to legally increase the Constitutional Court’s quorum from 10 to 17 to prevent the court from passing more decisions. Currently, there are 15 judges on the court and three vacant seats.
In his statement, Stano noted “the complexity of the situation” and praised Zelensky and the government’s desire to address it.
The EU urges the Ukrainian authorities to “rapidly restore the legislation on e-declaration of assets and corresponding tasks of the National Agency for Prevention of Corruption, as well as to stabilize the legal status of the National Anti-Corruption Bureau of Ukraine,” Stano said.
“A robust judicial reform is still needed for the benefit of all Ukrainians. We encourage the president, the government and the Verkhovna Rada to work together towards a comprehensive and sustainable solution. The EU stands ready to support our Ukrainian partners in this endeavor.”
