Total lustration of judges is impossible – Council of Europe

Complete replacement of the judiciary is impossible, only reorganization and dismissal of judges on specific criteria may take place.

Special Advisor of the Council of Europe Secretary General for Ukraine Christos Giakoumopoulos said this in an interview with the “Yevropeiska Pravda” (European Truth) Ukrainian media outlet.

“Such process as lustration of the judiciary cannot occur. The Venice Commission clearly defined that this issue was not even questioned. There may be the process of individual assessment of effectiveness of judges, within which it will be possible to impose sanctions on individual judges, but the principle of independence of the judicial system will be observed,” Giakoumopoulos said.

In particular, the restructuring of the cassation system is possible. It should be settled whether it will be retirement or disciplinary dismissal. A person may be dismissed only on specific criteria and on the basis of individual assessment, not within lustration,” Giakoumopoulos noted.

According to the Special Advisor for Ukraine, there is a significant difference from the police, where the complete replacement of personnel is allowed. After all, the judges, as opposed to the law enforcement officers, are not the employees of any ministry, they enjoy special guarantees, and their task is not to perform orders or control over the fulfillment of orders.