President Volodymyr Zelensky signed a yet-unpublished judicial reform bill into law. It will come into effect the day after its publication.
The law, signed Nov. 4, introduces amendments to existing legislation that will reform procedures for selecting members of the High Qualification Commission of Judges, a body accused of botching reforms under ex-President Petro Poroshenko, and halve the size of the Supreme Court, which is chosen by that commission.
Legal experts and civic activists agree that the law gives Ukraine another chance to cleanse its discredited judiciary, although they warn that several obstacles may still derail reforms.
“Zelensky signed a law that launches a new stage of judicial reform,” the DEJURE Foundation, a legal think-tank, wrote on Facebook. “However, the law leaves legal loopholes that may block all the positive aspects.”
The president’s office and Iryna Venedyktova, head of the Rada’s legal policy and justice committee, did not respond to requests for comment.
Under the bill, a selection commission comprised of three members of the Council of Judges, a judicial self-regulation body chosen by judges themselves, and three members of the Public Council of International Experts, a foreign advisory body, will choose new members of the High Qualification Commission of Judges within 30 days of the law taking effect.
Previously, civil society watchdogs issued a statement calling on the Rada to give foreign experts full control of the selection process in a statement. The Rada ignored their recommendation.
Members of the Public Integrity Council, the judiciary’s civil society watchdog, argue that including three members of the Council of Judges in the selection process weakens foreign experts’ ability to veto tainted candidates and potentially allows the Ukrainian judges to block nominees with a reputation for integrity.
Members of the Public Integrity Council have also criticized the bill for failing to replace members of the unreformed High Council of Justice. Civil society has called for Ukraine to relaunch the council, and Zelensky’s team previously promised to do so.
However, a new commission comprised of three members of the High Council of Justice and three members of the Public Council of International Experts will be able to fire members of the High Council of Justice and the High Qualification Commission if they violate the law or standards of ethics and integrity.
The bill also halves the number of Supreme Court judges from 200 to 100 within two months of the launch of the new High Qualification Commission.
Members of the Public Integrity Council have also criticized the legislation for failing to specify procedures for selecting a new Supreme Court. It is not clear if the authorities will fire tainted judges or only those disloyal to the government.
Decisions by the selection commission for choosing the new High Qualification Commission can be disputed by the controversial Kyiv Administrative District Court, which has long been mired in controversy and corruption scandals and is known for questionable rulings.
