January 30, 2024
According to the Law of Ukraine „On the Constitutional Court of Ukraine“, the Advisory Group of Experts was established to assist in evaluating the moral qualities and level of competence of candidates for the position of a Constitutional Court justice.
The competition process is structured to empower the Advisory Group of Experts to recommend to the entities responsible for appointing Constitutional Court justices (President of Ukraine, Verkhovna Rada of Ukraine, and Congress of Judges of Ukraine) at least two honest and professional candidates for each vacant position of a Constitutional Court justice.
The candidate evaluation process unfolds as follows:
First, AGE receives document packages, pertaining to candidates for the positions of a CCU justice admitted to the competition, from the entities responsible for appointments.
Then, AGE evaluates candidates admitted to the competition.
During the evaluation, AGE establishes and confirms whether each candidate meets the criteria for possessing high moral qualities and a recognized level of competence in the field of law.
Following this, ranked lists of candidates meeting the specified criteria are submitted to the President, Parliament, and Congress of Judges of Ukraine. They are then tasked with appointing individuals from these lists as justices of the Constitutional Court of Ukraine.
It's crucial to highlight that if, at any stage of the competition, the evaluation results yield fewer than two qualified candidates for each vacant position of a Constitutional Court justice, the entities responsible for appointments are required to promptly announce a new competition for the relevant vacancy.
When delving into the detailed journey of a candidate for the position of a Constitutional Court justice, the scope of responsibility for AGE encompasses four key stages:
Stage 1. Analysis of materials and interview
The initial phase of evaluating candidates for the position of a CCU justice begins when AGE receives all the documents of candidates admitted to the competition from the selection commission under the President of Ukraine, the Staff of the Verkhovna Rada of Ukraine, and the Council of Judges of Ukraine (Congress of Judges of Ukraine).
Over a four-month period, AGE is tasked with reviewing, examining, and analyzing the submitted documents, along with other materials and information pertaining to the candidates.
At the same time, AGE initiates and sends inquiries to relevant institutions and authorities to collect additional information and materials related to the candidates.
At this stage, AGE also formulates clarifying questions for the candidates, collects and processes their responses.
Furthermore, public interviews with candidates for the position of a CCU justice are conducted as part of this stage.
Stage 2. Evaluation of moral qualities
The second phase in a candidate's journey involves evaluating the moral qualities of each candidate for the position of a CCU justice.
Within fifteen days following the interviews with all candidates, AGE undertakes the evaluation of candidates based on the criterion of high moral qualities.
At the conclusion of this evaluation, candidates are assigned a score of either „complies“ or „does not comply“.
Candidates who receive a „does not comply“ evaluation in terms of high moral qualities are considered to have not progressed past this particular stage, thereby concluding their participation in the competition.
Candidates receiving a „complies“ evaluation at the moral qualities evaluation stage advance to the subsequent stage of the competition – the evaluation of their level of competence.
It is essential to reiterate that if fewer than two individuals per vacancy receive a „complies“ evaluation, a new competition for the relevant vacancy is announced.
Stage 3. Evaluation of competence
The third stage in the journey of successful candidates toward the position of a CCU justice involves evaluation of their competence in the field of law.
During this stage, a written assessment of the candidates' level of competence is conducted, encompassing responses to written questions within the realm of constitutional law.
Additionally, if necessary, an additional interview may be arranged at this stage.
Candidates who receive a „does not comply“ evaluation based on the criterion of competence are considered to have not progressed past this particular stage, thereby concluding their participation in the competition.
Candidates who receive a „complies“ evaluation advance to the subsequent stage of the competition.
It is essential to reiterate that if fewer than two individuals per vacancy receive a „complies“.
Stage 4. Ranked voting and submission of the lists of candidates to appointing entities
The final stage involves the ranked voting conducted by AGE concerning candidates who received a „complies“ evaluation based on the criteria of high moral qualities and a recognized level of competence in the field of law.
During this stage, AGE casts votes for each candidate, placing them on a list based on the number of votes received – ranging from the highest (6 votes „for“) to the lowest (0 votes „for“).
Within three days following the compilation of rating lists, AGE is obligated to publish these lists, along with motivated decisions pertaining to each candidate, on the official website of the Constitutional Court of Ukraine. At the same time, AGE submits these lists to the entities responsible for appointments – the President of Ukraine, the Verkhovna Rada of Ukraine, and the Congress of Judges of Ukraine – for the final decision-making process.
This marks the conclusion of a candidate's path towards the position of a CCU justice within the framework of competitive evaluation by AGE.
Subsequently, in accordance with the Law of Ukraine „On the Constitutional Court of Ukraine“, the President, Parliament, and Congress of Judges of Ukraine proceed to appoint CCU justices from among the candidates recommended by AGE, following their respective procedures.
It is worth noting that as of the beginning of 2024, there are five vacant positions for CCU justices – three from the Verkhovna Rada of Ukraine and two from the Congress of Judges of Ukraine, with a total of 37 candidates competing for these vacancies.
The list of candidates can be found at:
https://ccu.gov.ua/storinka/kandydaty-na-posadu-suddi-ksu
We would also like to remind you that on November 28, 2023 (pertaining to candidates from the Council of Judges of Ukraine) and on December 7, 2023 (pertaining to candidates from the Verkhovna Rada of Ukraine), a four-month period for the consideration of materials concerning these candidates and the conduct of interviews commenced.
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