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Constitutional reform in Ukraine is a matter of Ukrainian society. It is the state, which has the exclusive authority to choose political and governmental system of the country and these questions could not be the subject of any negotiations or international treaties. But Ukraine as a member of the Council of Europe has obligations concerning protection of human rights, respect to the rule of law and democracy. It follows the requirements for constitutional reform process. The constitutional reform must be implemented in a legitimate and transparent way and meet the interests of society. Being a member of the Council of Europe means to collaborate in good faith and efficiently to achieve the aims of the Council of Europe. The aim of the Council of Europe, as stated in its Statute, is the achievement of greater unity between its members for the purpose of safeguarding and implementing values and principles which are the common heritage of the member states and facilitating their economic and social progress.
By signing the Association Agreement with the EU, Ukraine has achieved greater unity with the European community and has established mechanisms to facilitate the proper way of implementation of all reforms in Ukraine and especially – constitutional reform.
Even though they are not binding, recommendations of the Parliamentary Committee of the Council of Europe are still objective criteria to measure how the reform is corresponding to the principle of the rule of law and whether it meets the needs of the society rather than the same of politicians.
Establish a body independent of the executive and legislature with an exclusive or lesser role in respect of appointments and (where relevant) promotions of judges.
Merge the High Council of Justice with the High Qualification Commission of Judges. However, if both the High Qualifications Commission and the HCJ were maintained, both have to be independent.
Provide for a substantial part, if not the majority, of members of the HCJ to be judges.
Eliminate the system that provides for involving political authorities such as the Parliament or the executive at any stage of the selection process (for the HCJ). All interference of the judicial hierarchies in the process should also be avoided.
Ensure that the non-judge members of the HCJ are selected among other outstanding jurists, university professors, with a certain length of professional service, or citizens of acknowledged status. Modern management of the judiciary might also require wider contributions from members experienced ...
Ensure that the President’s role in appointing judges and dismissing them from their position is a ceremonial one.
Raise the minimum age and length of legal experience required for newly appointed judges.
Remove the Verkhovna Rada from the process of appointing judges.