"The most important thing is for our country to meet the high standards currently applied in the EU."
In June 2024, Ukraine officially launched the EU accession negotiations. Please tell us how the HCJ is preparing for bilateral negotiations. What has already been done and what are the plans?
Ukraine is committed to the irreversible path of European integration, which is what Ukrainians want, and it is a conscious choice.
At the same time, we are well aware that becoming an EU member state does not happen overnight and that, apart from our desire to join the EU, we must implement many standards to become a full-fledged member state. Of course, European integration is our ultimate goal, but the most important thing is for our country to meet the high
standards currently applied in the EU. In June we started actively preparing the roadmap and bilateral meetings between representatives of Ukraine and the European Commission. We cannot yet discuss any specific results; but are we are now in the process of preparing the necessary documents. Apart from the High Council of Justice, the following authorities are also involved in working on the Justice sub-section: the Supreme Court, the High Qualification Commission of Judges, the State Judicial Administration, the Office of the Prosecutor General, the Ministry of Justice, and the National Agency for Corruption Prevention. Each of these authorities are preparing respective proposals in their purview. Then the High Council of Justice will summarise them, and we will start holding joint internal consultations on the final version of the document.
I would also like to emphasise that our international partners, such as EU project Pravo-Justice, USAID, GIZ, are assisting us in this effort.
How are you dealing with the overall lack of judges and other major challenges?
When we started, the High Qualification Commission of Judges was not functioning which mean that there were no appointments of judges in place. The most important task for us was to restore the level of public trust in the judiciary which had declined dramatically. The first priority was to appoint a High Qualification Commission of Judges (HQCJ) whose members are responsible for qualifications and appointment of judges. I believe we managed to be quite quick with interviewing and appointing candidates. In June 2023 the first appointments were restored, and it was possible to complete qualifications. We need to look for solutions and even temporary solutions. There can be the secondment of judges to courts in most need, a competition for vacant positions of judges of courts of appeal was announced. We intend to appoint these judges by mid-2025. Changes were made to the selection process which was cumbersome and long. The legislature took that into account and as of today, the training period has been considerably shortened. Regarding the disciplinary cases, we inherited a huge backlog and it was necessary to revive the disciplinary function. Because of the hostilities, we had to change the territorial jurisdiction of cases handled by courts close to the frontline, as well as transfer judges from these courts to other courts.
We are discussing how to attract the most qualified candidates with integrity into the judiciary. People are reluctant to become judges because of public scrutiny, lifestyle monitoring, and strict professional ethics and integrity requirements. Last but not least, there is the war. Courts in Ukraine continue to administer justice, risking their lives and health under missile attacks. However, such strict requirements for candidates give us hope that the best of the best will apply for the position of judge. We are also trying to review the existing networks of courts across Ukraine and remapping them with a remote system. This is currently being developed with the support of international organisations and EU project Pravo-Justice. We hope that the system will shortly be available as having proper communication and telecommunications in place would increase the quality of justice.
Overall, the main challenges the judiciary faces include logistical, financial and HR issues.
How has acquiring the European Network of Councils for the Judiciary (ENCJ) candidate status helped you? Can you give a few concrete examples?
HCJ of Ukraine acquired the status of observer which met in Ljubljana in 2023. We perceive our relations with the ENCJ as a unique possibility and platform to exchange with judges from European countries. Being part of the ENCJ is a singular possibility to meet with more than 20 contacts from across Europe which is a great help on the Euro integration path. Regarding the reestablishment of rule of law, thanks to this status of observer, we are able to participate in working groups which work on multiple issues that relate to judicial ethics as well as on many other topics which are relevant. For instance, the use of AI in the administration of justice and its relevance and scope is being discussed so this is a very modern approach. In the framework of our cooperation, we were very surprised that certain problems in Ukraine also exist in stable democracies. And that in almost all European countries there is a significant decline in the attractiveness of judicial career.
What would you say your greatest priorities are as of now, and how do you see them evolving in the future?
The range of issues which are currently prioritised for the judiciary includes court remapping, establishing the Service of Disciplinary Inspectors under the High Council of Justice, overcoming the personnel crisis in the judiciary, improving competition procedures, improving tools to ensure judicial independence, developing unified integrity criteria for judges, ensuring sustainability and consistency of jurisprudence, nsuring access to justice and enhancing its quality and efficiency, enforcement of court decisions, digitalisation of the judiciary, training of judges and legal education in general.
