This study proposes to use the example of judicial reform to find a balance of flexibility and clarity to improve the effectiveness of Ukraine’s accession negotiations. This paper proposes a methodological approach to address these challenges, focusing on a normative and empirical analysis of the judiciary in Ukraine and offering policy recommendations that are appropriate for different stages of the negotiation process.
The paper includes a normative and empirical analysis of the state of judicial reform in Ukraine in order to understand its problems and needs in the context of European integration. The research methodology involves studying both legislation and its practical application in four components. The study results in the formulation of policy recommendations based on the identified gaps.
The analysis demonstrates both the achievements of the reform and the challenges and areas where comprehensive solutions should be developed. The key components of the independence include the role of judicial (self-)governance bodies, such as the High Council of Justice (HCJ) and the High Qualification Commission of Judges (HQCJ), which play an important role in judicial independence and can be both positive and negative actors in the process of ensuring judicial independence. In addition, the chapter highlights problems in judicial career processes, resource allocation and access to human resources that affect access to justice.
This publication is addressed to the expert community, decision-makers of the EU member states and the European Commission, in particular, the Directorate-General for European Neighbourhood and Enlargement Negotiations.
Authors:
Dr. Marko Kmezic, Centre for Southeast European Studies at the University of Graz
Dr. Viktoriia Melnyk, Centre for Political and Legal Reforms, Kyiv, Ukraine
Roman Smaliuk, Centre for Political and Legal Reforms, Kyiv, Ukraine
