Current challenges for the implementation of constitutional reform on judiciary in Ukraine on its way towards European integration

Abstract

Reform of the judiciary is a key conditionality imposed by the EU, IMF and other donors on Ukraine (UA). Significant reforms of the judicial system approved by the Verkhovna Rada of UA (Parliament) on 2 June 2016 will take effect over the coming months and years. A new Supreme Court and a strengthened system of evaluation, monitoring and appointing judges will come into being. It is the first Supreme Court selection of such scale in history. Never before has there been any competition for the UA Supreme Court. Judges, lawyers and academics are now able to compete. Video streaming has been available at all testing stages, with the exception of the psychological test. On paper at least the independence of the judiciary has been 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 observe the process closely and take targeted action to ensure that the reforms move in the right direction when required.