Draft law No. 1008 can not be adopted without the conclusion of Venetian Commission - BCU

Advocacy
14:43 Mon 30.09.19 541 Reviews
Print

Draft law No.1008 «On making changes in some Ukrainian laws about self-governing judicial bodies» can not be adopted without the conclusion of European Commission «To democracy through the law», as consider Ukrainian advocates.

That is why Bar Council of Ukraine has appealed to the subjects of the appeal to Venetian Commission, particularly to PACE, European Council and SSBE, with the letter about the need of sending the draft law No.1008 to the european expertise.

This appeal was posted on the website of National Association of Advocates of Ukraine.

In this document is mentioned, that by consolidating european and euro atlantic course on the Constitutional level, Ukraine has committed to implement reforms, including judicial one, in correspondence to european principles as stability and effectiveness of democratic institutions, the rule of law and respect to human rights and fundamental freedoms.

Thus, since 2014, according to the Agreement between Ukraine and EU, recommendations of European Council, PACE and according to the evaluation of Venetian Commission, Ukraine has adopted the legislation, including constitutional changes in the part of justice and law «On judiciary and statutes of judges», «On Higher Council of Justice». Therefore, further changes in judicial bodies are impossible without expert evaluation of these international institutions, emphasize in BCU.  

«Conclusions and recommendations of Venetian Commission on constitutional law’s questions is a certain standard, according to which relevance of legal basis of the state’s government to european standards of democracy, protection of human rights and the rule of law is evaluated»-says in the appeal. Висновки й рекомендації Венеціанської Комісії з конституційно-правових питань є певним

Other than that, advocates’ community emphasizes, that accelerated process of making changes to the legislation gives serious challenges to the abidance of constitutional country’s principles and threats the decrease of already achieved level of European Council’s standards in the area of justice.

«Official position EU representatives in Ukraine and Embassy of Canada in Ukraine about the draft law No.1008 on self-governing judicial bodies and the draft law No.1032 on the reformation of prosecution bodies, which was published on September 11th 2019, already signalize about that. Particularly, key international partners have noted, that there are «risks, that unreasoned steps in changing the current legislation, which is regulating judiciary, advocacy, prosecutors, question Ukraine’s reliability as a partner in key european institutions». In this document is shown the need to «start thorough consultative process on earlier mentioned draft laws and invite relevant experts in law, civil society and international community»,-says in the appeal.

We remind, that earlier in the appeal to the Parliament and President of Ukraine BCU called to revise the draft law No.1008 with consideration of lawyers’ community position.

Popular news

UNBA initiatives to implement the Roadmap were supported by international experts

Legislation

UNBA initiatives to implement the Roadmap were supported by international experts

International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.

14:34 Wed 07.01.26 173
How will the group responsible for implementing the Roadmap for advocacy operate?

Legislation

How will the group responsible for implementing the Roadmap for advocacy operate?

The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».

15:35 Tue 06.01.26 155
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

Legislation

Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy

The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.

19:31 Fri 02.01.26 140
Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Legislation

Vatras on the implementation of the Roadmap: only advocates should create their own destiny

Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.

19:13 Fri 02.01.26 125
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

Legislation

Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy

The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.

18:41 Fri 02.01.26 102
Roadmap and advocacy: working group holds first meeting

Legislation

Roadmap and advocacy: working group holds first meeting

On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.

18:24 Fri 02.01.26 131
BCU: NACP initiatives regarding the Bar are unconstitutional interference

Self-government

BCU: NACP initiatives regarding the Bar are unconstitutional interference

The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.

14:21 Wed 31.12.25 214
UNBA program for implementation of the Roadmap on the rule of law published

Self-government

UNBA program for implementation of the Roadmap on the rule of law published

In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.

14:56 Tue 23.12.25 176

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл