Plenum of the Supreme Court: Part of Norms of the Draft Law No. 1008 Forms Threat to the Independence of Judges

On 16 September 2019 at session of the Plenum of the Supreme Court, its members considered the issue as for the Draft Law of Ukraine “On Amending Certain Laws of Ukraine Regarding the Operation of Judicial Governance Bodies” (Registration No. 1008 of 29 August 2019).

Pursuant to the result of detailed discussion of the Draft Law No. 1008 by judges of the Supreme Court, the Plenum of the Supreme Court remarked positive changes as for equalizing judges from first and appeal instances in terms of salary, irrespectively on passing the qualification assessment. In the SC judges’ opinion, judges performing the same work may not earn different salary.

At the same time, the SC Plenum concluded that a part of norms of the Draft Law No. 1008 formed threat to the independence of the judicial system. Herewith, the SC Plenum decided to support completely the advisory opinion of the High Council of Justice as for the abovementioned draft law noted it its decision, No. 2356/0/15-19 of 5 September 2019, to prepare the opinion of the Supreme Court regarding the Draft Law No. 1008 and to address to the President of Ukraine and the Verkhovna Rada of Ukraine with a petition to postpone the consideration of the noted draft law with the purpose of its discussion by judicial, expert community, as well as to international organizations – with a petition to provide their opinions as for its compliance with European standards of the independence of the judicial power.

Valentyna Danishevska remarked that statistics testified that the Supreme Court received 360 cases every day; that meant that the composition of the Supreme Court at that stage would weaken the Supreme Court from the viewpoint of the protection of citizens’ rights and ensuring cases review within reasonable terms, and, consequently, would have impact on the authority of the Supreme Court; thus, the decision on the reduction of the number of the SC judges seemed to be untimely.

The SC President also informed that presently there were 65 thousand pending cases in the SC. She noted that it remained unclear, how the reduction of the number of the SC judges could influence on the improvement of justice in Ukraine; taking into account the amount of cases pending in the Supreme Court, the institution would need several years to reach normal mode of functioning.

Besides, Valentyna Danishevska emphasized that repeated examination of professional competence and integrity of judges, who had already undergone relevant procedures, was hardly justified.

The SC Plenum also decided to explain to the public that the adoption of the Draft Law No. 1008 by the Verkhovna Rada of Ukraine would have negative consequences for citizens’ access to justice.