PROTECTION OF THE JUDICIARY FREEDOM AND INDEPENDENCE OF JUDGES IN THE ACTIVITY OF THE NATIONAL COUNCIL OF JUSTICE OF THE POLISH REPUBLIC: EXPERIENCES FOR UKRAINE

Abstract

The issues of the constitutional status of the High Council of Justice of Ukraine and the National Council of Justice of the Polish Republic are highlighted. The necessity of their status and tasks fixation on the constitutional level, viewing the current standards of justice, is emphasized. The efficiency of the justice reforms in Poland and their appraisal on the international level are proved to be closely associated with the National Council of Justice activity. The Constitutional Tribunal of the Polish Republic has designated the status of the National Council of Justice as special, independent, central body of the state power with its functions closely linked to the judiciary. The National Council of Justice does not belong to the judiciary, taking into account the mode of its formation as well as tasks and competence. Having researched the organizational and functional issues of the National Council of Justice of the Polish Republic, of other European states as well as international acts that define the standards of the supremacy of law enforcement, the authors propose to fix in Ukraine’s Constitution a number of provisions that will determine the tasks of the High Council of Justice of Ukraine and the main principles of its activity: 1) the judiciary of Ukraine is an independent brunch of power; 2) the High Council of Justice of Ukraine is an independent constitutional body of state power, whose obligation is the protection of the judiciary freedom and judges’ independence; 3) the High Council of Justice is empowered to have recourse to the Constitutional Court of Ukraine on the issue of the laws and other legal acts constitutionality as well as on the construction of the Constitution and the laws of Ukraine concerning the courts functioning and judges’ rights and freedoms assertion; 4) the authority of the High Council of Justice are determined by special law. Moreover, it is proposed to extend legislatively the authority of the High Council of Justice by devolving on it not inherent in other state institutions powers. Viewing the differences of the European states’ judicial systems, their practices on provision of the judiciary freedom and judges’ independence should be implemented by observing Ukrainian historical, national peculiarities and traditions and by taking into account the current standards of the judiciary organization and functioning.