Ukrainian leading non-governmental and expert organizations call on the President of Ukraine Petro Poroshenko to urgently register in the Verkhovna Rada of Ukraine a submission on appointment of new CEC members. In autumn 2015, parliamentary factions and groups of MPs submitted their nominees to membership of the CEC. On 16 November 2015, Higher Administrative Court of Ukraine has ruled that inaction of the President of Ukraine, particularly a failure to appoint new members of the CEC, is illegitimate. However, the President hasn't yet executed the court decision. Thus, such illegitimate inaction of the President is still taking place.
Despite 12 of 15 members of the Central Election Commission have had their seven-year term of office expired yet on 1 June 2014, they keep their positions based on amendments to the law of Ukraine on the Central Election Commission made in March 2014 to prevent interruption of the presidential election campaign. However, all the national and local elections have finished and the argument that membership of the CEC should not change during the election process has not a leg to stand on. Another groundless argument concerns the factions, which are allegedly not interested in rotation of the CEC members, because most of the factions and groups have already submitted nominees to a new membership yet in 2015.
Thus, such inaction in regard to appointment of new CEC members undermines the public trust in both collegial body and the election process as a whole. It also questions the legitimacy and independence of the CEC as an election administration body, and increases the risk of political pressure upon current nominees for Commission members. Besides that, uncertainty in the future of current CEC members decreases their interest in long-term planning and improvement of the election administration process.
Taking into consideration the abovementioned, we insist on the following steps in appointment of new CEC members:
- To mandatory appoint nominees from all without exception parliamentary factions and groups of MPs in the Verkhovna Rada of Ukraine, which have submitted nominees to CEC membership in accordance with the Law of Ukraine on the Central Election Commission. In other words, at least one nominee from each parliamentary faction or group of MPs should be appointed. Such approach would correspond not only to Ukrainian legislation, but also to Venice Commission's Code of Good Practice in Electoral Matters, according to which election administration body should include representatives of political parties that are represented in a parliament or parties which received the certain level of support in elections.
- To secure a discussion of submitted nominees for Commission members, open for mass media and non-governmental organizations, with the corresponding candidates present during the discussion. This discussion should be organized during preparation of a resolution on appointment of the CEC members by the authorized committee of the Verkhovna Rada of Ukraine.
Taking into consideration that some parliamentary factions have nominated many candidates for CEC members at once, it would be reasonable if they decide publicly on their top priority candidates, in order to secure open formation of the election administration body.
We would like to one more time draw attention of the President of Ukraine and the Verkhovna Rada of Ukraine to the urgency of appointing 12 CEC members. Any further postponement of rotation in the CEC is a sign of legal nihilism and private interests standing above the interests of the public. It will also question the ability of higher authorities – the President and the Parliament – to secure implementation of the Constitution, adherence to the principles of legal certainty, independence of the election administration body and other general European principles of election administration.