Venice Commission backs international experts in Ukraine's judicial selection, with recommendations
The Venice Commission and the Council of Europe's Directorate General of Human Rights and Rule of Law issued a conclusion on a Ukrainian draft law governing the selection of members of the High Qualification Commission of Judges (VKKS) and the High Council of Justice. It welcomed the planned near-complete renewal of the VKKS in 2027 and approved several provisions of the bill, while recommending targeted changes, including on how vacant international quota seats should be filled.
Key points
- Venice Commission and the Council of Europe DG of Human Rights and Rule of Law issued a conclusion on draft laws on selection procedures for the VKKS and High Council of Justice.
- Request for the urgent opinion was submitted on 10 July 2026 by then Vice Prime Minister for European and Euro-Atlantic Integration Taras Kachka.
- The Commission welcomed the planned near-complete renewal of the VKKS in 2027 under a second competition commission that includes members nominated internationally.
- It approved the integrity voting rule, the automatic appointment rule for commission members, a six-month deadline for selection results for the High Council of Justice, and expanded channels for submitting documents.
- It stated that international participation in the selection process does not undermine Ukraine's sovereignty.
- It does not support a Ukrainian citizenship requirement for one of the international candidates and recommends leaving that to the nominating organisations.
- It criticised transferring the international quota to Ukrainian bodies if international organisations fail to submit candidates on time, and proposed extending the deadline or involving a neutral, ethical body.
- It recommended that Ukrainian law set candidate eligibility and incompatibility rules, conflict-of-interest and recusal procedures, and exhaustive grounds for early termination of Selection Commission members.
- It called for a transparent, inclusive dialogue with the judiciary, legal professions, academia and civil society to refine the draft.
- Expanding international expert involvement in the VKKS competition commission is part of the 'Kachka-Kos' plan of 10 priority anti-corruption and rule-of-law reforms for EU accession.
Why it matters
The conclusion touches judicial-selection reforms that sit on Ukraine's EU accession priority list, and the presence of international experts in the VKKS competition commission is tied to EU-related reform benchmarks and funding conditions. With a near-complete renewal of the VKKS scheduled for 2027, the legislative framework for how members are chosen is time-sensitive.
What happened
The Venice Commission, together with the Council of Europe's Directorate General of Human Rights and Rule of Law, issued a conclusion on Ukrainian draft laws governing the selection of members of the High Qualification Commission of Judges (VKKS) and the High Council of Justice. The opinion had been requested on 10 July 2026 by then Vice Prime Minister for European and Euro-Atlantic Integration Taras Kachka.
The Commission welcomed the planned near-complete renewal of the VKKS in 2027, to be carried out under a second competition commission that includes members nominated at the international level for a limited term. It approved several elements of the draft: the integrity voting rule, the automatic appointment rule for competition commission members, a six-month deadline for announcing selection results for the High Council of Justice, deadlines for convening congresses and conferences, and expanded channels for submitting documents. It also stated that international participation in the selection process does not infringe Ukraine's sovereignty.
The Commission set out specific reservations. It does not support a requirement that one of the international candidates hold Ukrainian citizenship and recommends leaving that question to the nominating organisations. It criticises provisions that would hand the international quota over to Ukrainian bodies if international organisations fail to nominate candidates within the set deadlines, and instead proposes either extending the deadline for international organisations or providing for a neutral, ethical participant that preserves the international character of the quota. It further recommends that the law spell out candidate requirements and incompatibility rules for Selection Commission members, conflict-of-interest, self-recusal and substitution procedures, and exhaustive grounds and procedures for early termination of their powers. The opinion calls for a transparent and inclusive dialogue with the judiciary, the legal professions, academia and civil society to refine the draft.
Expanding international expert involvement in the VKKS competition commission is one of the 10 priority anti-corruption and rule-of-law reforms for EU accession under the so-called 'Kachka-Kos' plan.
How Ukrainian sources describe it
The two supplied Ukrainian-language media outlets frame the Venice Commission's conclusion in broadly positive terms, highlighting its approval of the draft law's aims and its support for keeping international experts in the VKKS selection process. They present the opinion as a vindication of Ukraine's chosen approach and as consistent with the country's EU accession agenda.
Background
The request for an urgent Venice Commission opinion was submitted on 10 July 2026 by then Vice Prime Minister for European and Euro-Atlantic Integration Taras Kachka. Expanding international expert involvement in the VKKS competition commission is part of the 'Kachka-Kos' plan of 10 priority reforms in anti-corruption and rule of law for EU accession. At the end of August, the president appointed 11 judges to the High Anti-Corruption Court and 5 to its Appeals Chamber, a step linked to unlocking an estimated €250–300 million under the EU's Ukraine Facility program.