The Council of Europe Directorate General of Human Rights and Rule of Law Has Positively Assessed the CCU Judgment in the Case on the Judiciary and the Status of Judges

The Council of Europe Directorate General of Human Rights and Rule of Law has positively assessed the Judgment No. 4-р/2020 of 11 March 2020 adopted by the Constitutional Court of Ukraine regarding the constitutionality of separate provisions of the Laws of Ukraine “On the Judiciary and the Status of Judges” No. 1402–VIII of 2 June 2016, "On Amending the Law of Ukraine “On the Judiciary and the Status of Judges” and Certain Laws of Ukraine Regarding the Operation of Judicial Governance Bodies" No. 193–IX of 16 October 2019, “On the High Council of Justice” No. 1798–VIII of 21 December 2016.

The official web-site of the Constitutional Court of Ukraine informs about this fact - http://bit.ly/2UiOfXH.

In the letter sent to the Constitutional Court of Ukraine on 17 March 2020, the Director General Christos Giakoumopoulos remarked that the Committee of Ministers of the Council of Europe in its recent decisions of 3-5 March 2020 had assessed changes introduced with provisions of the Law No. 193-IX and their impact on the judicial independence. The Committee has also confirmed its concern previously expressed in its decisions of September and December 2019, consisting of the fact that changes provided with the Law No. 193-IX could provoke potentially unfavourable and long-time impact, inter alia, on the independence of the Supreme Court.

Thus, the Committee of Ministers of the Council of Europe called the government to amend this law pursuant to the Opinion of the Venice Commission No. 969/2019.

At the same time, the Committee representatives expressed hope that proceedings in the Constitutional Court regarding the constitutionality of the Law No. 193-IX would ensure the possibility to investigate completely the correspondence of this Law to the Convention.

In this context, Christos Giakoumopoulos has positively assessed the acknowledgement of the unconstitutionality of separate provisions by the Constitutional Court, particularly, as for the reduction of the number of judges of the Supreme Court; the Venice Commission has also put emphasis on this fact in its recommendation.

The Director General of the Council of Europe Directorate General of Human Rights and Rule of Law has assured the Constitutional Court of his further support and the readiness to deepen their cooperation.