03

July

2014

Parliament Failed to Adopt the Draft Law “On Amending the Constitution of Ukraine to Strengthen the Guarantees of the Independence of Judges”

Parliament of Ukraine failed to adopt the draft law “On Amending the Constitution of Ukraine to Strengthen the Guarantees of the Independence of Judges”. In particular, the draft law envisioned:

1) raising the minimum age required for judicial office;

2) increasing the representation of judges on the High Council of Justice;

3) setting up the network of the courts of general jurisdiction by a law;

4) integrating the principle of automatic case assignment as the key principles of judicial proceedings;

5) ensuring equal representation of judges from different court tiers and specialization as members of the High Council of Justice;

6) repealing the procedure that provides for the first judicial appointment to be done by the President of Ukraine, followed by the subsequent election for life by the Parliament of Ukraine;

7) transferring the authority to consent to a judge’s arrest or detention to the High Council of Justice;

8) narrowing judicial immunity to a functional one;

9) empowering the President of Ukraine with the right to transfer judges on the basis of and and accordance with the High Qualification Commissiono of Judges recommendation;

10) integrating the principle of automatic case assignment as the key principles of justice administration;

11) new manner for formation of the High Council of Justice, with the majority of its members to be chosen from among judges.

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