President Volodymyr Zelensky on July 8 vetoed a judicial reform bill due to an amendment that would undermine the role of foreign experts in the process.
The bill, which was passed by the Verkhovna Rada in the second reading on June 29, is meant to reform the High Qualification Commission of Judges, a body that hires and fires judges.
However, the bill passed by parliament contained conflicting clauses. One of the amendments gives foreign experts a decisive role in the reform, while another amendment does the opposite.
While vetoing the bill, Zelensky proposed removing the discrepancy and giving foreign experts a decisive role. The Rada may consider a new version of the bill next week.
Controversial proposals
But he also suggested clauses that would sabotage the reform, according to Mykhailo Zhernakov, head of legal think-tank DEJURE.
Specifically, Zelensky said that a majority of the new High Qualification Commission members should be judges and ex-judges. Civic activists think this will preserve the old corrupt judiciary.
Nor did Zelensky propose removing a clause that would allow the High Council of Justice, the judiciary’s unreformed governing body, to block the reform.
“He didn’t use the opportunity to improve the bill and didn’t propose restricting the High Council of Justice’s ability to nullify the reform,” Roman Maselko, an ex-member of judicial watchdog Public Integrity Council, said on Facebook. “Instead he initiated proposals that do not improve the bill at all.”
The President’s Office did not respond to a request for comment.
Conflicting amendments
According to the bill, the selection panel for choosing the High Qualification Commission would consist of three Ukrainian judges and three foreign experts. At least four panelists will be needed to approve candidates.
An amendment by Anastasia Radina, head of the Rada’s anti-corruption committee, stipulates that, when the vote is split three to three, the foreign experts’ opinion will prevail. This gives international experts a crucial role in the reform.
However, a different amendment by Andriy Kostin, head of parliament’s legal policy committee, fails to give international experts a prevailing vote. Kostin, whom activists accused of sabotaging judicial reform, did not respond to a request for comment.
Both Radina and Kostin represent Zelensky’s ruling Servant of the People party.
Other problems
The discredited High Council of Justice, the judiciary’s unreformed governing body, will have a lot of say over who gets chosen to the High Qualification Commission, and this may sabotage the attempt at reform. The council will choose 16 appointees out of 32 candidates nominated by the selection panel, according to the legislation.
Moreover, it is not clear whether the legislation will be implemented at all. In 2019, Zelensky signed similar legislation to reform the High Qualification Commission but it was not implemented due to the High Council of Justice’s refusal to carry it out.
Vitaly Tytytch, ex-head of judicial watchdog Public Integrity Council, argued that the passage of the legislation was a trick by the Zelensky administration to get an IMF loan. After the money is disbursed, the authorities will likely derail the judicial reform to avoid losing control over judges, similar to what happened in 2019, he said.
