On September 23, 2024, a roundtable discussion “Attractiveness of a Judicial Career: European and Ukrainian Dimensions” was held in Kyiv with the support of the European Union funded Project Pravo-Justice. The High Qualification Commission of Judges of Ukraine was represented at the event by the Chairman of the Commission Andrii Pasichnyk, Deputy Chairman Oleksii Omelian, as well as members of the Commission Lyudmyla Volkova and Vitalii Gatseliuk.
In welcoming the participants of the roundtable, Head of the Good Governance and Rule of Law Section at the EU Delegation to Ukraine Mr Asier Santillán Luzuriaga, emphasized that an independent judiciary is a fundamental pillar of a democratic society, which should ensure the protection of human rights.
He drew attention to the large number of vacant judicial positions, the competitions currently being held by the HQCJ, and the importance of communication between judicial governance bodies, judges and NGOs. The expert praised the work of the Ukrainian side during the bilateral meeting in Brussels and assured the international partners of their intention to cooperate with the judiciary in the future to bring Ukraine closer to the European community.
Speaking about the Commission’s experience of holding competitions, Andrii Pasichnyk noted that despite the absence of the HQCJ’s authorized composition for more than three years and a large-scale invasion, about 90% of the candidates for 560 vacant judicial positions in local courts, who were included in the reserves for filling vacant positions of local court judges (announced on 14.09.2023), decided to complete the competition, which indicates their motivation to join the judicial profession.
He noted that the Commission is interested in having as many lawyers as possible participate in the selection process, and that their professional training should be much higher.
At the end of his report, the Chairman of the HQCJ stressed that the capacity of the High Qualification Commission of Judges of Ukraine alone is not enough to make judicial careers more attractive: a comprehensive approach of the entire judicial system and the legislature is needed.
Oleksii Omelian noted that after the Commission resumed its work, the priority task was to establish work processes. Over the past year, the HQCJ has managed to complete three competitions and more than 270 judges have been appointed by presidential decrees. Currently, the Commission is in charge of competitions to the appellate courts, the High Anti-Corruption Court and its Appeals Chamber, and is preparing to launch the selection procedure for the first instance courts.
The participants discussed the attractiveness of a judicial career in Europe in the context of both general trends and recommendations of the European Network of Councils for the Judiciary (ENCJ), as well as the prospects for practical application of the provisions of the ENCJ report on the attractiveness of a judicial career in Ukraine, which was presented during the event.
Justice of the Supreme Court of Lithuania, European Network of Councils for the Judiciary (2022-2024) Dalia Vasarienė informed the audience about the key findings and recommendations of the report.
Regarding the selection of judges, she noted the importance of consistent procedures so that potential candidates know what to expect, and the public understands how judges are selected and has confidence in the newly appointed judges. The working conditions and logistical support of the courts were also emphasized.
Lyudmyla Volkova in her speech recalled the huge challenge of today – a full-scale war, which leads to an outflow of young lawyers and a decrease in the number of law students, and also noted the decrease in the number of participants in competitions for judicial positions.
The Commission member called for the active implementation of communication tools to create an image of the judiciary and support initiatives for cooperation with higher education institutions, as recommended in the ENCJ report. She also praised the report’s recommendations on judicial career flexibility in terms of teaching, when a judge can teach both judges and students and share their experience.
Vitalii Gatseliuk moderated the panel “Systemic factors affecting the attractiveness of the judicial profession in Ukraine”. He emphasized that a judicial career should be viewed not only through its attractiveness but also through its competitiveness, as there is currently a struggle for future professionals who are ready to take up judicial positions.
In this part, the participants touched upon such issues as working conditions and workload of judges, the impact of a full-scale war on the work of courts, principles, approaches and needs of professional training of judges, and the issue of trust in judges as a factor of attractiveness of a judicial career.
The roundtable was also attended by representatives of the High Council of Justice, which co-organized the event – Chairman of the HCJ Hryhorii Usyk and HCJ members Inna Plakhtii, Oleksandr Sasevych and Vitalii Salikhov, Team Leader of the EU Project “Pravo-Justice” Oksana Tsymbrivska and Deputy Team Leader of the Project Olha Sribniak, Adviser to the Chief Justice of the Supreme Court of Latvia Solvita Harbacēviča, and Senior International Expert of the EU Project “Pravo-Justice” Virgilijus Valančius. On behalf of the Ukrainian parliament and judicial governance bodies, the event was attended by Member of Parliament of Ukraine, Chairman of the Verkhovna Rada Committee on Legal Policy Denys Maslov, and Member of Parliament of Ukraine Pavlo Pavlish, President of the Supreme Court Stanislav Kravchenko and Judge of the Supreme Court Olena Kibenko, Rector of the National School of Judges of Ukraine Mykola Onishchuk, other officials of the judiciary, and Public Integrity Council co-coordinator Veronika Kreidenkova.
