The Constitutional Court of Ukraine has adopted new Rules of Professional Ethics, which determine the behavior of judges while performing their duties and even after the end of their terms of office.
Self-exclusion and quorum
The rules establish that in the event of a risk of a lack of a quorum required for the adoption of acts of the Constitutional Court, a judge of the Constitutional Court shall take into account that the need for the consideration of the case by the Constitutional Court as a body of constitutional jurisdiction may take precedence over the grounds for the self-recusal of a judge of the Constitutional Court, provided that they are not material and do not affect the impartiality of the judge of the Constitutional Court.
The document also provides that a judge of the Constitutional Court of Ukraine is obliged to participate in meetings of the Court and its bodies, including advisory and auxiliary ones, except in cases of absence for good reasons.
The secret of discussion
The rules establish that a judge of the Constitutional Court of Ukraine maintains the secrecy of discussions during the consideration of cases, observes confidentiality regarding the preparation of acts in constitutional proceedings and the internal activities of the Court.
He may publicly express his opinion on the merits only in cases in which constitutional proceedings have been completed.
A judge of the Constitutional Court of Ukraine shall not use or disclose confidential information and any other restricted information obtained in the course of exercising his or her powers under any conditions not related to the exercise of such powers.
Dissenting opinion and public statements
According to these Rules, a judge of the Constitutional Court of Ukraine must refrain from public statements, including in the media and social networks, and other behavior that may undermine trust in the Constitutional Court of Ukraine or give rise to doubts about his impartiality, in particular due to favoritism towards political figures or parties.
However, a judge of the Constitutional Court of Ukraine is not limited in expressing his views on the protection of the rule of law and the independence of the Court if these fundamental values are under threat.
When exercising the right to a separate opinion, a judge of the Constitutional Court of Ukraine is free to assess the content of the acts of the Constitutional Court of Ukraine and the level of their reasoning, but must refrain from statements that may harm the independence, impartiality, and authority of the Constitutional Court of Ukraine or a judge of the Constitutional Court of Ukraine.
A judge of the Constitutional Court of Ukraine may participate in public discourse on legal, constitutional, and socially significant issues, provided that he adheres to the principles of neutrality, balance, and refrains from comments that may question the impartiality or authority of the Constitutional Court of Ukraine.
The judge also has the right to inform the public, the scientific and professional legal community about the acts of the Court and its legal positions at both the national and international levels.
A judge shall exercise the right to freedom of expression, taking into account his status and the obligation to maintain the independence, impartiality and dignity of a judge.
In addition, a judge may participate in improving legislation on the conduct of constitutional proceedings, if this does not interfere with the performance of official duties and does not pose a threat to his independence or impartiality.
Additionally, the judges stipulated that the CCU judge supports the Defense Forces of Ukraine.
Political neutrality – even after leaving office
The rules provide that even after termination of office (dismissal), a judge of the Constitutional Court of Ukraine continues to exercise restraint in his or her conduct in general and in public statements in particular, as well as on issues that may call into question his or her independence, impartiality, and political neutrality in the performance of his or her duties.
In addition, after termination of powers (dismissal), a judge of the Constitutional Court of Ukraine continues to maintain confidentiality regarding restricted information that became known to him during the exercise of his powers.
Regarding the Chairman of the Constitutional Court of Ukraine, the Rules stipulate that he respects the independence and impartiality of the Constitutional Court of Ukraine and the judges of the Constitutional Court of Ukraine, and does not resort to actions or conduct that may pose a threat to the independence, impartiality, and equality of judges.
