Experts tell about recipes for judicial reform

It is necessary to introduce the transparent competition for the post and provide guarantees for the judges who report on pressure.

This is said in the statement of the “Reanimation Package of Reforms” (RPR) initiative with regard to judicial reform.

The statement indicates that the RPR has never called for “dismissing all the judges.” The effective judicial reform provides for a number of measures, and the efficient and fair renewal of the judiciary is the necessary but not the only one requirement. The renewal of the judicial system must take place so that individuals, who do not meet the high rank of the judge, are unable to remain in office, while honest and professional judges have the opportunity not only to work further, but to obtain positions in the courts of higher level if they want to.

That is why, the RPR experts consistently insist on declaring transparent and fair competition for the positions of judges at the newly established courts, in which both acting judges and other legal professionals may participate.

The RPR insists that the effective judicial reform is impossible without:

Ensuring maximum independence of the judiciary from politicians

(depriving the political bodies of the powers to deal with the judiciary – the appointment, transfer, dismissal of judges, the majority of judges elected by the judges themselves as part of the qualification and disciplinary authority)

Ensuring decent working conditions for judges

(the decent level of remuneration, providing the courts with comfortable courtrooms and judges’ offices)

Reducing the burden on judges and courts

(the effective alternative ways to solve minor disputes, the introduction of electronic proceedings)

Introducing of the European standards of elaboration and operation of judicial system

(the formation of a single body, responsible for the qualification and disciplinary procedures for the judges and being the body of judicial self-government and operating openly and transparently, transition to the three-tier system of courts)

Appointing of judges to the newly established (reorganized) courts on the basis of transparent competition

(transparent and fair competitions, which guarantee the opportunity to hold the position in the reorganized courts of the highest level – the Supreme Court of Ukraine and the courts of appeal – for all judges and other legal experts who meet the criteria of honesty and have an appropriate level of qualification; passing transparent competition will ensure the confidence of the society and will deprive the members of the executive and legislative authorities of the possibility to wrongly blame and shift responsibility to the courts)

Providing opportunity to retire / resign voluntarily for those judges, who do not want to pass competition or requalification

(including the right to receive severance pay)

Creating the effective mechanism to prevent pressure on the court

(the guarantees for judges, who report on pressure, and holding liable the individuals who exert such pressure).