Deputy Chair of the High Council of Justice Oksana Kvasha participated in the expert discussion “Judicial Reform: Responses to Current Challenges”, organized by the Anti-Corruption Action Center with the support of the GIZ program “Promoting Ukraine’s Approximation to the EU in the Rule of Law Area”.
Participants discussed the development of the rule of law and judicial reform in the context of Ukraine’s European integration, in particular the involvement of international experts in the selection of members of the High Qualification Commission of Judges of Ukraine.
Oksana Kvasha emphasized that the activities of the High Council of Justice are under close public scrutiny, and every decision is assessed quite critically.
She recalled that on 1 June 2025, the mandate of the first Selection Commission for the recruitment of candidates for the positions of HQCJ members, which included both national and international experts, expired. Pursuant to the requirements of the Law of Ukraine “On the Judiciary and the Status of Judges”, the HCJ was obliged within five days to announce the start of a competition to fill vacant positions in this Selection Commission, which will now be formed under a different principle — in line with the new version of Article 95-1 of the Law. The article stipulates that the bodies responsible for forming the Commission are the Council of Judges of Ukraine, the Council of Prosecutors of Ukraine, the Ukrainian National Bar Association, and the National Academy of Legal Sciences of Ukraine, represented by its Presidium.
The HCJ postponed the adoption of this decision after receiving information about the registration in Parliament of Draft Law No. 13382 concerning the continued involvement of international experts in selection procedures for the HQCJ members. Since the draft law is still under discussion, and the HCJ must act in accordance with current legislation, on 22 July 2025 the HCJ announced the launch of a competition to fill the vacant positions of the Selection Commission for the competition to appoint members of the HQCJ.
At present, nominations have been submitted by three entities responsible for forming the Selection Commission — the Presidium of the National Academy of Legal Sciences of Ukraine, he Ukrainian National Bar Association, and the Council of Prosecutors of Ukraine. Verification of the legitimacy of these entities, as well as the review of the nominated candidates, is ongoing. Nominations from the Council of Judges of Ukraine are still expected.
Oksana Kvasha noted that members of the High Council of Justice are taking part in the meetings of the Verkhovna Rada Committee on Ukraine’s Integration into the EU. The draft law on extending the involvement of international experts in selection procedures has received support. At the same time, the HCJ emphasized that, if the law is adopted and international experts are reinstated, the procedure for terminating the currently ongoing competition must be clearly defined.
The Chair of the Bundestag Committee on European Union Affairs (Germany), Dr. Anton Hofreiter, emphasized that Ukrainians are not only defending their country and Europe from Russian aggression, but also standing up for democracy and freedom on the continent. The strongest argument in favor of Ukraine’s swift accession to the EU is its high standards of democracy, rule of law, and effective fight against corruption. The involvement of independent international experts in judicial reform is necessary for a transitional period. EU member states voluntarily transfer part of their sovereignty in order to uphold common rules and strengthen their ability to act jointly. At the same time, with the establishment of genuine rule of law, a state becomes more sovereign.
Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine, Taras Kachka, noted that involving international experts in the selection of HQCJ members is a useful mechanism for adopting best practices. The key question is how long this mechanism will be needed. The discussion continues in order to balance the pros and cons and to build effective procedures. He also pointed out that the chapter of the Constitution of Ukraine on the judiciary has been updated and now meets European standards.
The Chair of the Verkhovna Rada Committee on Anti-Corruption Policy, Anastasia Radina, expressed her conviction that Ukraine is not yet ready to abandon the participation of international experts in the selection for key positions (members of the HQCJ, leadership of anti-corruption bodies, judges of the Constitutional Court of Ukraine, members of the Accounting Chamber, etc.). She stressed the need to restore such participation and reported on the registration of Draft Law No. 13382, while also noting that the swift advancement of the bill lacks sufficient political will.