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A new study on the impact of courts on the course of reforms in Ukraine was conducted with the support of the EU

#European integration #Justice #Reforms

Date:

13.09.2023

Reading time:

4 minutes

On September 13, 2023, the Agency for Legislative Initiatives (ALI) presented the study’s results, “The impact of judicial intervention: the role of courts of general jurisdiction in the course of reforms in Ukraine.” This work was prepared within the framework of the “Civil Society for Ukraine’s Post-war Recovery and EU-Readiness” project financed by the European Union.

Context. Today, it is already obvious that even such long-awaited and promising reforms as those that began after the Revolution of Dignity have not become successful cases. This happened for many reasons. And one of them is judicial intervention. However, to realise our European integration wishes, we must fulfil our obligations regarding implementing reforms and approximating Ukrainian legislation to EU legislation. An important criterion here will be not just the adoption of laws and the start of reforms but their sustainability. Therefore, it is necessary to design quality reforms without legislative gaps and shortcomings.

During the event, participants discussed the phenomenon of judicial intervention, its impact on the course of reforms, and possible steps to improve future reforms and cooperation between different branches of government.

The discussion was moderated by Svitlana Matviienko, executive director of the Agency for Legislative Initiatives. She talked about the very idea of the research and why it is worth paying more attention to this issue:

“We drew attention to the fact that the courts have a specific “shadow influence” on the course of reforms. When the reform is thought out perfectly, the courts have no grounds and opportunity for cancellation and political battles. However, if the reforms are not planned perfectly, then the courts can use the gaps and shortcomings of the legal framework to, for example, reinstate the lustrated officials. We believe that the parliament and the government should study in detail the previous experience of reforms to better design and implement them, avoiding past shortcomings.”

Oleksandr Zaslavskyy, director of the analytical direction of the Agency for Legislative Initiatives, spoke about the main results of the study and key recommendations for lawmakers:

“The study’s main goal was to identify typical errors in the reform process in Ukraine. We analysed 5 cases: contesting the lustration procedure, re-certifying the personnel of the National Police, certification of prosecutors of the General Prosecutor’s Office, clearing the courts of “Maidan judges”, and banning pro-Russian parties. They concluded that the decisions of the courts significantly affect the final result of the success of the reforms. Still, at the same time, they are an indicator of the problems that arise in the process of implementing the reforms. Most of the shortcomings were discovered at the stage of normative design. Quite often, reforms are based on weakly developed legislation – and this is a problem, the solution of which requires, in particular, close cooperation of the parliament, the government and the expert environment.”

Oleksandr Korniyenko, First Deputy Chief of the Verkhovna Rada of Ukraine, emphasized the importance of the integrated work of all branches of government in planning and implementing reforms:

“All reforms have two significant indicators — quality and sustainability. Any reform is complex. There is also a rule-making component (laws, by-laws), followed by implementation and judicial control. So that the reforms do not get “stuck” and are not cancelled in the courts, it is necessary to work on improving the quality of legislation and the institutional capacity of the parliament, the government, and the judicial system. At the same time, the judiciary must also be aware of its responsibility. Also, pay systems and approaches should be reviewed for better work – and we are now fighting for an equal system for all employees.”

Oleksandr Ilkov, Director General of the Government Office for the Coordination of European and Euro-Atlantic Integration, noted that the architecture of reforms should be built on balance:

“The reforms initiated after the Revolution of Dignity were carried out quickly, but this was one of the reasons why not all of them were entirely successful. Here, the question arises of finding a reasonable balance between carrying out reforms at the request of society and observing European standards and considering international experience, between speed and quality, to avoid mistakes, as a result of which reforms are not always checked by the courts.”

Soon, the study “The Impact of judicial intervention: the role of courts of General Jurisdiction in the course of Reforms in Ukraine” will be published on the website of the Agency for Legislative Initiatives and will also be sent to the relevant state bodies for further review and application in law-making activities.

For additional information, contact Mariia Hereles, Director of the Communications Department of the Agency for Legislative Initiatives, at mg@parliament.org.ua.

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