SUPPORT TO UKRAINE IN IMPLEMENTATION OF THE COUNCIL OF EUROPE STANDARDS ON THE JUDICIARY

 Alignment of the Ukrainian judicial system with European standards, in the war and post-war periods, contributes to the provision of a fairer justice for the people seeking protection of their rights in courts.

1 - Better compliance of the Ukrainian legislation on the judiciary and the national judicial practice with related standards and recommendations of the Council of Europe (Support to the development of the national legislation on the judiciary and the judicial practice)

Main issues:

• expert advice, conclusions as to the compliance of the (draft) legislation or the judicial practice with the standards and recommendations of the Council of Europe
• improvement of the legislation in particular in the area of the disciplinary proceedings against judges and enforcement proceedings
• development of the national legislation on the judiciary in line with the Council of Europe standards in specific areas of the judiciary

2 – Support to judicial self-governing bodies in Ukraine in developing and applying the procedures of the integrity check and the judicial discipline with the account of the respective Council of Europe standards (Assistance to judicial self-governing bodies in enhancing and refining the integrity criteria used as part of the disciplinary procedures and selection procedures for judges and judicial candidates)

Main issues:

• support to deal with the large number of the disciplinary cases against the judges, as well as with regard to the functioning of the new Service of Disciplinary Inspectors
• development of comprehensive recommendations for all bodies of judicial self-governance, focusing on the cohesiveness of integrity criteria and ensuring alignment with Council of Europe standards
• expert support in reviewing the practice of the High Council of Justice, specifically concerning disciplinary proceedings against judges (assessing current practices, identifying gaps, and recommending improvements to ensure fair and effective disciplinary measures)
• expert support to the newly established Service of Disciplinary Inspectors within the High Council of Justice

3 – The case-law of the European Court of Human Rights is given due consideration in the training programmes of Ukrainian judicial and legal training institutions (aligning with the Council of Europe standards on the judiciary and addressing issues related to the national implementation of the European Convention on Human Rights)

Main issues:

• strengthening the enforcement system for judicial decisions and judicial discipline, particularly in implementing general measures outlined in judgments by the European Court of Human Rights, such as those in the cases Yuriy Nikolayevich Ivanov, Zhovner group, Burmych and Others v. Ukraine and Oleksandr Volkov v. Ukraine
• strengthening Ukraine's fulfilment of EU integration requirements, in particular related to systemic measures to be taken to advance the reform of enforcement of court decisions
• strengthening judicial training and conducting a series of capacity-building activities specifically designed for judges-trainers at the National School of Judges of Ukraine

• Support for the legislation reforming in order to implement the standards and recommendations of the Council of Europe in the judiciary field.
• Support to the Supreme Court and courts of lower instances for ensuring access to justice and uniformity of case law in line with the Council of Europe standards.
• Support to the Supreme Court and courts of lower instances for ensuring compliance with the principle of legal certainty in line with the Council of Europe standards.
• Support to the national authorities for improving the legislation on and the quality of legal aid within the system of free legal aid in civil and administrative cases, taking into account the relevant European practice and the recommendations of the Council of Europe.

  Budget: Euro 960,000

 Duration: 1 April 2025 – 31 December 2026 (21 months)

 Implementing partners: Supreme Court, High Council of Justice, High Qualification Commission of Judges of Ukraine, Ministry of Justice of Ukraine, Parliamentary Committee on Legal Policy, National School of Judges of Ukraine

 The Project will coordinate its activities with those of the international organisations working in Ukraine on the issues of justice - the EU, the OSCE, the UN, the USAID, the Canadian Embassy.