Brief summary of the document “Conclusion of the CRES Bureau”

Intro

The document contains the opinion of the Advisory Council of European Judges (CRES) at the request of the Association of Judges of Ukraine on the draft law No. 5456-D, which deals with the reform of the judicial system and the issue of transfer of judges in connection with its reorganization.

The main provisions of the draft law № 5456-D

• The draft law provides for the possibility of transferring judges without their consent to lower level courts (local or appellate).
• The preservation of the status of judges of higher specialized courts is not guaranteed.
• The terms of remuneration and pension provision of transferred judges are subject to change.

CRES assessment and European standards

• Judges must have a guarantee of retaining their position until the age of compulsory retirement.
• The transfer of a judge without his consent is possible only in exceptional cases, such as a general reform of the judicial system or disciplinary sanctions.
• It is necessary to ensure that the level of wages and pension provision is maintained after the transfer.
• European standards stipulate that judges have the right to legal protection in the event of a threat to their independence.

CRES Conclusions

• Draft law No. 5456-D may contradict European standards if the principles of the stability of the judicial system and the independence of judges are not guaranteed.
• It is necessary to clearly define the legislative mechanisms for the transfer of judges and their social protection.
• It is recommended to maintain the current level of remuneration for referees who are transferred to avoid worsening their position.

General recommendations

• Provide judges with the right to appeal the transfer.
• Adhere to the principles of immutability of judges and their social guarantees.
• Guarantee the independence of the judicial system and the legal protection of judges in accordance with European standards.

This conclusion of the CRES is important for assessing the consequences of the reform of the judicial system of Ukraine and its compliance with international standards.