Election of the ECtHR Judge in Ukraine: from bad to worse

By Kanstantsin Dzehtsiarou (University of Liverpool)

As I have predicted in my previous blog post on this issue, the campaign for election of a judge in Ukraine has already proved to be a good case study illustrating the challenges that the Council of Europe institutions have to confront. These challenges now mainly result from poor national practices which might lead to suboptimal lists of nominees which in turn have to be rejected by the Council of Europe. These rejections always lead to delays in appointment of new judges for the Court. Luckily, the ECHR does not have the rule that the judge whose term is over cannot sit on the bench. Otherwise, these delays could have been effective in sabotaging the work of the Court. In any event, it is already fair to say that the Ukrainian national selection procedure reflects very bad national practices. On 4 March 2019 the president of Ukraine established an ad hoc selection committee; last week (week commencing on 22 April 2019) it announced the competition. The details of these announcements suggest that the Ukrainian authorities aim to limit the possible pool of candidates as much as possible in order to avoid real competition. Continue reading

Election of Judges of the European Court of Human Rights: Ukraine, the Beginning

By Kanstantsin Dzehtsiarou (University of Liverpool)

Election of judges is crucially important for the legitimacy, reputation and authoritativeness of the European Court of Human Rights (ECtHR). The Court needs leading academics and practitioners not only to come up with well-drafted and reasoned judgments but also to ensure that these judgments are then embedded into the national legal systems of the Contracting Parties to the Convention. The role of the national judge therefore includes education and dissemination of the core principles and values of the Convention in their home countries. When these principles are presented by a well-respected professional, their weight increases exponentially. In order to choose the best candidates the selection procedure should be clear, transparent and based on merits of the candidates. This post is the first one of a series of posts, spread over the coming months, which will be looking at the selection procedure that commenced last week in Ukraine. In these posts, I will try to use the developments in Ukraine to illustrate the challenges that the Council of Europe and its Member States face in that regard. Continue reading