Vladimir Putin’s decision to invade Ukraine was fueled by fears that the emergence of a democratic and European Ukraine could act as a catalyst for similar change in authoritarian Russia. So far, Ukrainians have defied the odds and inflicted defeat after defeat on Putin’s invading army. However, far from the battlefield, the judicial reforms that hold the key to Ukraine’s transformation into a nation governed by the rule of law are at risk of unraveling.
Judicial reform was identified as one of Ukraine’s top reform priorities when the country received official EU candidate nation status in summer 2022. Within the judicial reform agenda, key institutional focuses are the High Qualification Commission of Judges (HQCJ) and the High Council of Justice (HCJ). The former is responsible for the selection of judges, while the latter deals with appointments, dismissals, and disciplinary issues.
It is fair to say that Ukraine made significant progress last year when MPs passed two important draft laws on the reform of the HCJ and the HQCJ following much prompting from Ukrainian civil society and the country’s international partners. However, this progress is now under threat.
In line with current legislation, Ukrainian judges are responsible for appointing the largest quota of members to the HCJ. There are concerns that they will not do so by the end of January, which would prevent the HCJ from becoming operational for several months and make it impossible to impose disciplinary measures against judges accused of collaborating with the Russian occupation forces. Moreover, the judicial reform component of European integration would be postponed for at least a year.
Ukraine’s judges have a long and troubling history of sabotaging judicial reform, but civil society representatives complain that the government has yet to take this threat seriously. This could have far-reaching consequences. Once selected, the HCJ and HQCJ will be tasked with filling somewhere between 2500 and 3000 vacant positions, representing almost half of the Ukrainian judiciary. If these two bodies remain under the influence of vested interests within the judiciary, Ukraine’s rule of law problems will potentially persist for decades to come.
Fresh challenges threaten to reverse Ukraine’s judicial reform progress