Protecting Privacy in Judicial Appointments: A Landmark the Grand Chamber of the Supreme Court Ruling

18 Jul, 2024

Protecting Privacy in Judicial Appointments

In a pivotal case challenging the boundaries of privacy and public scrutiny, the Higher Council of Justice refused to recommend a judicial candidate for appointment, citing personal travel history, including visits to the russian federation and Crimea. This decision was accompanied by a public campaign from civil society organizations aimed at discrediting the candidate through social media posts ahead of the hearing.

Our legal team, led by Tetiana Ohneviuk, meticulously demonstrated that the actions of the Higher Council of Justice infringed upon the candidate’s fundamental right to privacy. The Supreme Court ultimately annulled the Council’s decision, underscoring the necessity of safeguarding judicial candidates from undue intrusion into their private lives by appointing authorities.

This landmark ruling reaffirms the principle that a candidate’s qualifications should be evaluated on their professional merits, free from external pressures or unwarranted public campaigns. It sets a significant precedent for the protection of privacy in the judicial appointment process.

Link to the news publication about the case:

https://dejure.foundation/verhovnyj-sud-vyznav-protypravnoyu-vidmovu-vrp-vnosyty-podannya-pro-pryznachennya-suddi-shuliky/

https://dejure.foundation/apelyacziyi-u-spravi-shuliky-buty-vrp-oskarzhuye-rishennya-verhovnogo-sudu/