Retour International Conference "Implementation of the Rule of Law: Role of the Supreme Court in modern conditions"

As delivered by Marija Pejčinović Burić, Secretary General of the Council of Europe

 

President of the Supreme Court,

Distinguished guests,

Ladies and gentlemen,

 

The Russian Federation’s brutal, illegal and ongoing aggression against Ukraine is causing terrible suffering – including the appalling airstrikes that forced the postponement of this event.

The Ukrainian people are at the forefront of our thoughts.

The damage inflicted on their country impacts every institution and every aspect of life.

And the justice system is no exception.

So you are right to hold this event asking how the Supreme Court can do its job in the context of a society that is both changing with the times –

And impacted by the violence that the country is enduring.

Court buildings have been looted, destroyed and damaged.

The territorial jurisdiction of others has been transferred because the aggression has made justice impossible to deliver.

And many judges and administrators are showing great courage in their determination to continue their work in terrible circumstance –

Sometimes at risk to their own lives.

The fact that these courts – including the Supreme Court – remain committed to justice, is a tribute to the individuals involved.

But it is also a reflection of the reforms that have taken place –

Aligning the Ukrainian judiciary with common European standards.

The transition to a three-layer system –

The abolition of judges’ probation period –

And the establishment five years ago of the Supreme Court itself –

With a new competitive selection procedure –

All of these have played their part in allowing the judicial system to adapt and function in the current circumstances.

And the agenda that you will consider today underlines your commitment to ensuring the progress and modernisation that will further embed democracy and the rule of law.

How can the non-execution of national judicial decisions be better addressed?

How can more uniformity of national judicial practice be achieved?

And how can e-justice and online judicial proceedings advance?

These are important questions which concern all Supreme Courts in Europe alike.

And you are right to address them.

There are other important judicial issues to consider in Ukraine too.

On many of these, there has already been dialogue between the Council of Europe and the Ukrainian authorities –

And we will of course provide whatever help we can to Ukraine as it undergoes further reform.

We have already put in place some of the tools required to make progress.

These include our joint, adjusted Action Plan, adopted swiftly after the aggression began last year–

And which provides support for the judiciary and legal professionals –

And our new Action Plan for Resilience, Recovery and Reconstruction, whose implementation began on the 1st of December and which lays out further, specific measures.

Ukraine is a European country that has chosen a European future.

It is a valued member state of the Council of Europe.

And we stand in solidarity with its people and its authorities –

Including the judiciary.

We look forward to a time when peace will return –

A peace that is based on the sovereignty and territorial integrity of a country that is secure within its internationally recognised borders.

The Supreme Court will be an essential part of that democratic future.

You are right to look forward even in these most difficult days.

And I wish you a successful conference.

 

Videoconference 20 January 2023
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