Venice Commission backs international experts joining Ukraine's judicial selection body
The Venice Commission has approved involving international experts in the 2027 renewal of Ukraine's High Qualification Commission of Judges, while raising several objections to draft law details.
The Venice Commission has positively assessed Ukraine's proposal to involve international experts in the planned renewal of the High Qualification Commission of Judges (HQCJ), scheduled for 2027, according to Ukrainian outlet "Європейська правда," citing the commission's document.
The renewal will be overseen by a second composition of the selection commission, which includes internationally nominated members serving for a limited period until the usual national procedure resumes. The Venice Commission stressed that international participation in the selection process does not violate Ukraine's sovereignty.
The commission praised several provisions of the draft law, including retention of the integrity voting rule, automatic appointment rules for selection commission members, a six-month deadline for announcing results of High Council of Justice member selections, and expanded channels for submitting documents.
However, the commission also raised significant criticisms. It does not support requiring Ukrainian citizenship for one of the international candidates, recommending instead that this be left to the discretion of nominating organizations. It also criticized the provision transferring the international quota to Ukrainian authorities if international organizations fail to submit candidates by set deadlines, proposing instead an extended deadline or involvement of a neutral, ethical entity to preserve the quota's international character.
The commission further recommended that the law specify candidate requirements, incompatibility rules for selection commission members, conflict-of-interest and recusal procedures, and clear grounds and procedures for early termination of their mandates. It also called for transparent, inclusive dialogue with the judiciary, legal professionals, academia and civil society to refine the draft law.
Background
Expanding international expert involvement in the selection commission for the HQCJ was among ten priority anti-corruption and rule-of-law reforms on Ukraine's path to EU membership, known as the "Kachka-Kos plan." In late August, President Volodymyr Zelensky appointed 11 judges to the High Anti-Corruption Court and 5 judges to its Appeals Chamber — a step required to unlock between 250 and 300 million euros from the EU under the Ukraine Facility program.
