The Advisory Group of Experts (hereinafter referred to as the AGE) is established to assist the appointing authorities in assessing the moral qualities and professional competence of Constitutional Court candidate justices.
Formation:
The AGE is composed of six members appointed for three years and participate in its activities voluntarily. Decisions are taken by a minimum of four votes, except in cases specified by law.
The AGE ( except for the transitional period) consists of:
1) one person appointed by the President of Ukraine;
2) One person appointed by the Parliament of Ukraine;
3) one person appointed by the Congress of Judges of Ukraine;
4) one person appointed by the National Academy of Legal Sciences of Ukraine;
5) one person appointed by the congress of representatives of law higher educational establishments and research institutions;
6) One person appointed by the meeting of representatives of civil society organisations that have been active in the field of constitutional reform and/or rule of law and/or human rights and/or preventing and combating corruption for the last five years.
The appointing entity shall, at the same time as appointing an AGE member, select one substitute member for the term of office of the AGE member. The substitute member may perform the functions of the AGE member as to considering issues and voting on the decision concerning the candidate if the AGE member is recused or self-recused.
If the mandate of an AGE member who has a substitute is terminated prematurely, the substitute shall be appointed to the respective vacant position of the AGE member for the term of office of such a member by the decision of the AGE.
Within six years from the date of entry into force of the Law of Ukraine "On Amending Certain Legislative Acts of Ukraine on Clarifying Provisions on Competitive Selection of Candidates for the Position of Constitutional Court Justice", the composition of the AGE shall be formed and operate with due regard to certain peculiarities.
Therefore, during the transitional period, the AGE includes:
- one person appointed by the President of Ukraine;
- One person appointed by the Parliament of Ukraine;
- one person appointed by the Congress of Judges of Ukraine. The mandate to appoint a person to the first composition of the AGE is exercised by the Council of Judges of Ukraine instead of the Congress of Judges of Ukraine;
- one person appointed by the Cabinet of Ministers of Ukraine upon nomination by the European Commission for Democracy through Law;
- two persons appointed by the Cabinet of Ministers of Ukraine upon proposals by international and foreign organisations that, under international or intergovernmental agreements, have been providing international technical assistance to Ukraine in the field of constitutional reform and/or rule of law and/or human rights protection and/or preventing and combating corruption over the past five years.
The first composition of the AGE became effective on 13 October 2023 after the appointment of its members nominated by the Council of Judges of Ukraine, international and foreign organisations, as well as the European Commission for Democracy through Law.
The first composition includes:
Hanna Suchocka, AGE member
Richard Barrett, AGE substitute member
Aleš Zalar, AGE member
Marek Zubik, AGE substitute member
Maureen O’Connor, AGE member
Thomas Beall Griffith, AGE substitute member
Yaroslav Romaniuk, AGE member
Volodymyr Kuzmenko, AGE substitute member
Oksana Vasylchenko, AGE member
Ihor Protsiuk, AGE substitute member
Nataliia Kuznietsova, AGE member
Vasyl Shakun, AGE substitute member
