This initiative is a crucial step towards Ukraine's EU membership negotiations, emphasizing the need for substantial judicial and anti-corruption reforms.
Key Objectives for Judicial Reform
1. Strengthening Judicial Accountability
To enhance the accountability of the judiciary, Ukraine is required to adopt new legislation that overhauls the integrity declaration system for judges. This system will incorporate a temporary yet thorough verification process involving independent experts, particularly for judges in higher courts.
2. Implementing the High Court for Public Legal Disputes
Ukraine must establish the High Court for Public Legal Disputes, which will handle administrative cases with the participation of national state bodies. This court will ensure transparency and merit-based selection of judges through the involvement of independent experts.
3. Enhancing Qualification Assessments
Continued qualification assessments of judges are mandated, involving the State Administrative Court. This process aims to maintain high standards of judicial competence and integrity.
4. Addressing Disciplinary Proceedings
Ukraine is expected to initiate and continue the resolution of longstanding disciplinary cases with the help of the Service of Disciplinary Inspectors. These efforts will prioritize cases based on criteria approved by the Office of the President (VRP).
5. Improving Integrity Declarations
Legislation must be adopted to improve the declaration of judges' integrity and streamline the verification procedures. This includes asset declarations and lifestyle monitoring to prevent corruption.
6. Enforcing Court Decisions
Ukraine needs to pass laws that enforce court decisions regarding both monetary and non-monetary obligations. Additionally, the digitization of executive proceedings should be accelerated to enhance efficiency.
7. Modernizing the Judicial IT Infrastructure
A comprehensive IT modernization roadmap for the judicial system must be approved and implemented. This will involve updating the Unified Judicial Information and Telecommunication System (EUITS) to address existing deficiencies in coordination, management, and support.
8. Filling Judicial Vacancies
Efforts should continue to fill vacancies in the Constitutional Court and other judicial bodies based on improved legislation. This ensures a robust and fully staffed judiciary capable of handling the demands of a modern legal system.
9. Combating High-Level Corruption
Ukraine must enhance its legal framework to investigate and prosecute high-level corruption cases effectively. This includes revising pre-trial investigation terms and removing provisions that allow automatic case closures in the Criminal Procedure Code.
10. Eliminating Corruption Risks in the Supreme Court
Specific measures are required to mitigate corruption risks within the Supreme Court. This involves improved integrity declarations and thorough checks by relevant oversight bodies.
11. Optimizing Case Management
Improving the distribution of cases among judges and updating the Unified Judicial Information and Telecommunication System (EUITS) are essential for efficient case management and consistent judicial practices.
12. Institutional Reforms of the National School of Judges (NSSU)
Ukraine should reform the National School of Judges (NSSU) to enhance its administrative and operational capacities. This includes modernizing curricula and teaching methods to better prepare judges for their roles.
13. Expanding Alternative Dispute Resolution (ADR)
Legislation should be adopted to expand Alternative Dispute Resolution (ADR) mechanisms, including the implementation of the Mediation Act 2021, to provide more efficient and less bureaucratic methods for resolving disputes.
14. Establishing the Kyiv City District Administrative Court
Following the liquidation of the OASK, Ukraine must establish the Kyiv City District Administrative Court with the involvement of independent experts to ensure the integrity and professionalism of judicial candidates.
15. Revising Criminal Case Procedures
Ukraine needs to review and adjust the mandatory closure of criminal cases related to pre-trial investigation periods to ensure effective investigations and prosecutions.
16. Enhancing Judicial Practice Unity
Efforts must be made to unify judicial practices across first-instance, appellate, and cassation courts. This involves addressing heavy case loads, improving procedural filters, and enhancing research and analytical capabilities within the judiciary.
17. Strengthening the Anti-Corruption Framework
Ukraine should increase the number of judges in the High Anti-Corruption Court (HCAC) and enhance administrative support. The deployment and operational use of electronic case management systems for anti-corruption bodies must be completed urgently.
18. Developing a Strategic Justice System Document
A new medium-term strategic document for the justice system should be developed, focusing on optimizing the court network, modernizing procedural codes, and enhancing the legal profession's training and education systems.
19. Enhancing Transparency and Decision-Making
The VKKS (High Council of Justice) should establish uniform criteria for assessing judges' integrity and strengthen its institutional capacity to handle its heavy workload efficiently.
20. Expanding Data Collection and Execution Systems
Ukraine must launch a comprehensive data collection system for the execution of court decisions, adopt legislation to enforce these decisions effectively, and continue implementing strategies to address non-execution of national court rulings.
Addressing Corruption and Public Trust
The European Commission emphasizes that Ukraine must continue to tackle corruption risks in the judiciary to restore public trust. Measures include developing autonomous capabilities for integrity checks and improving the selection processes for judges to ensure impartiality and accountability.
Conclusion
The European Commission's report underscores Ukraine's progress in judicial reforms while highlighting areas that require continued effort. Successful implementation of these tasks by 2025 is essential for Ukraine to advance its EU membership negotiations, demonstrating a commitment to a transparent, accountable, and efficient judicial system.
