Current Challenges for the Implementation of Constitutional Reform on Judiciary in Ukraine on its Way towards European Integration

Abstract

The reform of the judiciary is a key conditionality imposed by the EU, IMF and other donors to Ukraine (UA). Significant reforms of the judicial system approved by the Parliament on 2 June 2016 should gradually take effect over the coming months and years. A new Supreme Court, a strengthened system of evaluation, monitoring and appointing judges should come into being. It is the first Supreme Court selection of such scale in history. Never before had there been any competition for the UA Supreme Court. Judges, lawyers and academics were able to compete. Video streaming has been available at all testing stages, with the exception of the psychological test. On paper the independence of the judiciary should be strengthened. How far UA authorities in fact do so will depend on further actions, including the adoption of additional legislation. While the onus is on them to make these reforms work, the EU and the rest of the international community will also need to make an input sometimes on the basis of close observation of the process by taking targeted action to ensure that the reforms move in the right direction.