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Back Striking a Balance between Judicial Independence and Disciplinary Accountability: Expert Discussion at the Supreme Court

On 8 September 2025, the Supreme Court of Ukraine hosted a roundtable dedicated to finding a balance between judicial independence and disciplinary accountability. The event brought together representatives of the Supreme Court, the High Council of Justice, the High Qualification Commission of Judges, and international experts.

The aim of the roundtable was to analyse the practices of the Grand Chamber of the Supreme Court and the High Council of Justice in cases concerning the disciplinary liability of judges, and to develop a shared approach to distinguishing between bona fide error and serious misconduct.

Participants emphasized that judicial independence is a fundamental condition for a democratic state, while robust accountability mechanisms are essential to maintain public trust in the judiciary. It was noted that disciplinary procedures should not be misused as a tool to exert pressure on judges, and that there is a need for transparency in the criteria for material violations, with due consideration of relevant ECtHR practice.

Speakers highlighted the importance of unifying disciplinary practices, upholding the principle of proportionality in sanctions, and addressing the current challenges facing the Ukrainian judiciary. Council of Europe international experts, Mr. Gerhard Reissner and Ms. Lorena Bachmaier, commended the high level of discussion and complexity of the issues examined, stressing the need to clarify the concept of “gross negligence” in judicial conduct.

The roundtable concluded with agreement among participants that developing common standards and practice is essential to ensuring effective disciplinary proceedings while safeguarding judicial independence.

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The roundtable was organized by the Supreme Court with the support of the Council of Europe Project “Support to Ukraine in implementation of the Council of Europe standards on the judiciary”, as part of the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” for 2023–2026.