The Venice Commission (VC) recommends Ukraine to involve the formation of anti-corruption courts international donors to minimize interference in this process of political institutions. This is stated in the Commission’s opinion on draft laws №№6011 and 6529 of the anti-corruption courts, which is dated 9 October 2017.
In the VC, in particular, noted that the envisaged bill No. 6011, the procedure of formation of the Commission for the selection of judges in the courts of anti-corruption efforts of the President, Verkhovna Rada and the Minister of justice “of concern” because “can undermine the process of depoliticization of the judiciary”.
“We need to establish additional safeguards of the independence of the appointment procedure of judges from the Executive and legislative authorities”, – said in conclusion.
The full text of the draft conclusion of the Venice komissii available at this link.
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In this regard, the Commission proposes two options to resolve the problem: 1) create a special body for the competition in the anti-corruption courts, whose members will be nominated by the Highest qualification Commission of judges and international donors; 2) to include in the Vienna Convention recommended by the international donors, experts, as external members, granting them a decisive role in the selection of judges.
“Temporary international organizations and donors, actively supporting the anti-corruption program in Ukraine, must play a crucial role in the body, authorized to take anti-corruption judges”, – stated in the recommendations of the Commission.
Also, the Venice Commission recommends that the President in the near future to introduce in Parliament its own draft law on anti-corruption courts. While the presidential bill should be based on the recommendations of VC, it also needs to be saved key provisions of project # 6011, which the Commission called “a good basis” for creating an anti-corruption court.
6 October 2017, the Venice Commission, in its decision criticized the bill on the anti-corruption court No. 6529, proposed by MP from the Bloc Poroshenko Sergei Alexeyev, and spoke positively about the project No. 6011, prepared by the expert group and registered in the Verkhovna Rada, several MPs, headed by Yegor Sobolev.
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