The Constitutional Court is the institution of the constitutional jurisdiction that ensures the supremacy of the Constitution of Ukraine, and which is guided by the principle of independence in its activities, according to the Article 147 of the Constitution.

The selection of judges of the Constitutional Court by the parliamentary quota is now underway.

Seven candidates have applied for the positions of the Constitutional Court judges under the quota of the Verkhovna Rada, three of whom indicated their intention to participate in the selection on their own, as stipulated by part 4 of Article 12 of the Law of Ukraine “On the Constitutional Court of Ukraine”. Applicants have the right to apply for participation in the selection procedure independently, without the consent of parliamentary factions, groups, or non-factional groups, in accordance with Article 148 of the Constitution of Ukraine and part 4 of Article 12 of the Law “On the Constitutional Court of Ukraine”. This is in line with the Constitution and would allow independent candidates to at least participate in the selection process.

It would be impossible to ensure the political neutrality of the would-be judges of the Constitutional Court and will lead to politicization of the Constitutional Court’s activity in the future, if the procedure is guided only by the provisions of Article 2084 of the Law of Ukraine “On the Rules of Procedure of the Verkhovna Rada of Ukraine”. This Article grants parliamentary factions (deputy groups) and groups of non-fractional MPs the right to submit candidacies to the positions of the Constitutional Court judges.

At the same time, it is important to note that according to paragraph 2 part 1 of Article 12 of the Law “On the Constitutional Court of Ukraine”, the review of the Constitutional Court candidates by the Verkhovna Rada is carried out by a committee responsible for the issues of the legal status of the Constitutional Court of Ukraine, as defined by the Rules of Procedure of the Parliament and taking into account the provisions of Article 12 of the Law “On the Constitutional Court of Ukraine”.  Additionally, candidates who have expressed their intention to become judges of the Constitutional Court through their appointment by the President or by the Congress of Judges are doing this on their own.

Taking into account the abovementioned, we call on:

1. The Committee on Legal Policy and Justice of the Verkhovna Rada of Ukraine not to politicize the process of selection of judges for the Constitutional Court and to allow participation of the candidates who have individually expressed their willingness to take part in the selection process.
2. The Verkhovna Rada of Ukraine not to violate Article 148 of the Constitution and to ensure the selection of candidates for the positions of the Constitutional Court judges on a competitive basis, instead of making it through political arrangements.

Centre of Policy and Legal Reform

RPR expert group “Constitutional reform”