Resolution № 11 of the Plenum of the Supreme Court on Draft Law of Ukraine «On Introducing Amendments to Some Laws of Ukraine on the Functioning of Judicial Governing» (registration № 1008 dated 29 August 2019)

RESOLUTION № 11

OF THE PLENUM OF THE SUPREME COURT

dated 16 September 2019

on Draft Law of Ukraine «On Introducing Amendments to Some Laws of Ukraine on the Functioning of Judicial Governing»

(registration № 1008 dated 29 August 2019)

Having heard and having discussed information of Ms. Danishevska Valentyna Ivanivna, Chair of the Supreme Court as to Draft Law of Ukraine «On Introducing Amendments to Some Laws of Ukraine on the Functioning of Judicial Governing» (registration № 1008 dated 29 August 2019), the Plenum of the Supreme Court

holds:

1. To recognize that draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Functioning of Judicial Governing” (Registration No. 1008 of August 29, 2019) poses a threat to the independence of the judicial branch.
2. To support the decision of the High Council of Justice of September 5, 2019 № 2356/0/15-19 "On Giving Advisory Opinion to the Bill No. 1008".
3. To approve the opinion of the Plenum of the Supreme Court on the draft Law of Ukraine "On Amendments to Certain Laws of Ukraine on the Functioning of Judicial Governing" (Registration No. 1008 of August 29, 2019) (opinion is attached).
4. To instruct the Chair of the Supreme Court to address the President of Ukraine and the Verkhovna Rada of Ukraine with a request to postpone consideration of the Draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Functioning of Judicial Governing” (Registration No. 1008 of August 29, 2019).
5. To instruct the Chair of the Supreme Court to address international institutions (European Commission for Democracy through Law (Venice Commission), Commissioner of the Council of Europe for Human Rights) with a request to give opinions on the conformity of the Draft Law of Ukraine "On Amendments to Certain Laws of Ukraine on Functioning of Judicial Governing” (registration No. 1008 of 29 August 2019) with  European standards for the independence of the judiciary.
6. To strengthen communication of the Supreme Court with the public in order to inform about the risks of violating the right to a fair trial if draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on the Functioning of Judicial Governing” (Registration No. 1008 of August 29, 2019) is adopted.

Chair of Supreme Court                                                                       V. Danishevska

Secretary of the Plenum,

Justice of the Supreme Court                                                             D. Luspenyk