The Council of Europe project “Support to the implementation of the judicial reform in Ukraine” organised an expert discussion on the newly adopted law “On the High Council of Justice” and of the Rules of Procedure of the High Council of Justice, and on their compliance with the Council of Europe standards and recommendations.
The discussion was guided by the experts of the Council of Europe – Mr Gerhard Reissner, President of the District Court Floridsdorf, Vienna, and Ms Lorena Bachmaier Winter, Professor of Law at the Complutense University, Madrid. Both experts had been involved in the assessment of the draft law “On the High Council of Justice” in 2016 and in the post-adoption review of this law. The experts believe that, with regard to the judiciary, the adopted law took into account a considerable part of their earlier comments and recommendations and mostly complies with the standards of the Council of Europe.
Mr Eric Svanidze, former prosecutor and former Deputy Minister of Justice of Georgia, commented on the provisions of the law “On the High Council of Justice” with regard to prosecution. Mr Svanidze’s contribution was supported by the Council of Europe project “Continued support to the criminal justice reform in Ukraine”. Mr Pavlo Pushkar, Head of Division at the Department for the Execution of Judgments of the European Court of Human Rights, commented on the provisions of the law “On the High Council of Justice” and of the Rules of Procedure of the High Council of Justice from the point of view of execution of the judgments in the case of Oleksandr Volkov v. Ukraine and in the Salov v. Ukraine group of cases.
The expert discussion involved the Head of the High Council of Justice, members of the High Council of Justice, judges of the Supreme Court of Ukraine, high specialised courts, appeal courts, as well as representatives of international projects and non-governmental organisations.
Quotations from the speeches
Gerhard Reissner, President of District Court Floridsdorf, Vienna
“The law “On the High Council of Justice” is a point of celebration. And although we are not at the end of the way, it is a cornerstone which we pass now with the adoption of this law and first steps of its implementation.”
“If you compare the previous High Council of Justice with the one introduced by the law, there is a different philosophy in the new body. Now it is clear that its tasks are double-headed. On the one hand, it is the protection of independence of the judiciary and on the other, it is the task to grant efficient, transparent and accountable judiciary for people.”
Lorena Bachmaier Winter, Professor of Law at the Complutense University, Madrid
“The majority of recommendations of the Council of Europe experts were accepted by the law. A few of those that had not been accepted were well clarified and it is ensured that they comply with the main objective of this law, which is to ensure independence and accountability of judges by an independent body. “
