Problems of judicial reform and violation of the rights of judges

The letter is addressed to the President of the Advisory Council of European Judges Anke Aylers and contains the appeal of the Association of Judges of Ukraine regarding the violation of the rights of judges after the 2016 judicial reform.

After changes in the judicial system of Ukraine, the Supreme Administrative Court, the Supreme Economic Court and the High Specialized Court of Ukraine (HSCU, HECU, HACU) were liquidated, but their judges still do not have a clearly defined legal status. The absence of a legislative act on the liquidation of these courts has led to legal uncertainty, violation of the principle of immutability of judges and restriction of their rights.

For six years, 45 judges of these courts remain officially judges, but are deprived of the opportunity to exercise justice, which contradicts international standards and decisions of the Constitutional Court of Ukraine.

Draft Law №5456-D and its shortcomings

To correct the situation on March 16, 2023, the Verkhovna Rada introduced draft law №5456-D, which, however, does not guarantee the preservation of the status of judges of cassation courts.
The main problems of the draft law:

• The possibility of transferring judges to lower courts (appellate or local) without their consent.
• Lack of the right of transfer to the cassation courts without competition.
• Violation of the principles of independence of judges and international standards of judicial reform.

The Association of Judges of Ukraine asks the Advisory Council of European Judges to assess the compliance of the draft law №5456-D with European standards and to provide a legal analysis of the changes necessary to ensure the rights of judges.