Independent experts as part of selection committees that select and vet officials for Ukraine’s judiciary and anti-corruption institutions will achieve changes that will be the most fundamental renewal of Ukraine’s judiciary since independence, the U.S. Embassy and EU delegation to Ukraine said.
“The involvement of independent experts is in compliance with international standards: their crucial role is temporary and justified by the extraordinary circumstances presented by the opportunity Ukraine now has to take a decisive step toward its destiny as a modern European nation,” a joint statement by the U.S. Embassy and the Delegation of the European Union posted on the website of the U.S. Embassy on Wednesday reads.
According to the diplomats, to seize that destiny, “we, as friends of Ukraine, stand with Ukraine’s leaders and ask them to act with political courage.” “As they consider the future, we urge them to think back upon the desires of the Ukrainian people. It is reform they demanded during the Revolution of Dignity and voted for, over and over again, in elections. It is now up to Ukraine’s leaders to make good on their promises. When they do so, there is no doubt but that the Ukrainian people will thank them,” it says.
The U.S. Embassy and the Delegation of the European Union believe that one critical prerequisite for the success of these reforms is the role independent experts, nominated by international partners of Ukraine, in the commissions that select and vet the individuals who serve in Ukraine’s judiciary and anti-corruption institutions — bodies that have enormous power to shape the future of Ukraine.
“It is a future where the country either remains beholden to the powerful interests who use their resources to protect themselves from justice or where all are entitled to equal protection before the law. Because these commissions will ensure that candidates with the highest professional competence and integrity will be selected as Ukraine’s future judges, Special Anti-Corruption Prosecutor, and NABU Director – those who will hold the corrupt to account – they have an important role in shaping Ukraine’s destiny,” the statement reads.
It is noted that for the same reason, the role of independent experts has become one of the most important issues in discussions about the future of the reform agenda in Ukraine.
“Independent experts threaten those who benefit from the current system and seek to retain control over the levers of power in Ukraine. Ukraine has proven that this is a successful reform model to ensure that a commission serves the Ukrainian people, and not the vested interests that seek to control it. The ongoing competition for the SAPO leadership serves as proof that independent experts’ decisive role in the selection process is critical to ensure that decisions are merit-based and not politically-motivated,” it says.
It is also noted that he Venice Commission clearly stated that giving the international members a prevailing vote in case of a tie after a repeat vote is acceptable from the viewpoint of national sovereignty, given that final decisions remain with the appointing body.
“The current draft laws, including on the High Qualification Commission of Judges, that are now in parliament need to be aligned with the Venice Commission opinion before their second and final reading,” the U.S. Embassy and the Delegation of the European Union stated.
