Espreso. Global
OPINION

The G7 and EU do not "swallow" manipulations in selection of Constitutional Court judges

13 December, 2022 Tuesday
18:43

There is a straightforward and working solution: add a seventh member of the selection committee from non-governmental organizations

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The G7 ambassadors claim that it is necessary to ensure a decisive vote in the selection committee for Constitutional Court judges.

The Venice Commission, even in its last conclusion, which is complimentary for the authorities, writes about a) the threat of politicization because half of the members of the commission are delegated by the authorities, B) the threat of a "dead end", when the votes of international experts and the authorities will be divided 3 by 3 (and this is precisely what project #7662 provides for now).

If 3 votes of government representatives are required to pass a candidate, then only those who are convenient for the authorities will be recommended. It will cause complete control over the Constitutional Court.

Or it won't work at all.

There is a straightforward and working solution to add a seventh member of the selection committee from non-governmental organizations. Moreover, the project already has a model for attracting such a member for its second composition

We went through all this with the Specialized Anti-Corruption Prosecutor's Office competition. Everyone suffered for almost 2 years. But, as a result, they still appointed an independent candidate. At the same time, everyone lost a lot of nerves and reputation.

And this is one of the Specialized Anti-Corruption Prosecutor's Office head. However, there are eighteen judges of the Constitutional Court.

There is a straightforward and working solution to add a seventh member of the selection committee from non-governmental organizations. Moreover, the project already has a model for attracting such a member for its second team. (And The Venetian herself says that the seventh member is quite a working way out of the "impasse").

The G7 and EU, will no longer "swallow" either the Dependent Selection Mechanism or the "sudden" appointment of three judges from Parliament without such a mechanism

Then no one will accuse anyone of "external management" or excessive politicization. And only those who will suit two of the three "factions," not necessarily from the authorities, will pass.

That's all, problem solved.

Well, this is, again, if the task is to ensure independent selection and European integration, and not to depend on the court at any cost.

One thing is clear. The G7 and EU, will no longer "swallow" either the Dependent Selection Mechanism or the "sudden" appointment of three judges from Parliament without such a mechanism.

And this is very good.

About the author. Mykhailo Zhernakov, co-founder and chairman of the management board of the DEJURE Foundation.

The editors do not always share the opinions expressed by blog authors.


 
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