Strengthening the Institutional Independence of the Court in the System of European Integration Steps of Ukraine
DOI:
https://doi.org/10.21564/2414-990X.162.284111Keywords:
court, judicial power, judicial independence, effective judicial protection, trust in the court, corruption in the courtAbstract
The article is devoted to the study of European standards of judicial independence. The subject of the study is the institution of court independence and specific measures to improve its legal support in Ukraine in accordance with European standards. The purpose of the article is to determine the following judicial reform measures aimed at institutional and legal harmonization of Ukrainian legislation with the standards of the European Union. The research uses dialectical, systematic analysis and synthesis, comparison and legal modeling methods of scientific knowledge. Acquiring the status of a candidate country in the EU obliges Ukraine to carry out a number of transformations of social and political institutions, and judicial reform is one of them. This will require systemic measures, and not just amendments to legislation aimed at harmonizing national legal norms with European standards. It is emphasized that despite the ongoing judicial reform, the goal of an effective court has not been achieved: the level of public trust in the court is still low. The author predicts that if only point changes in judicial legislation are started now, the result will be the same as during the previous steps of judicial reform. It is necessary to start with the construction of the foundation for an effective judicial system, which is the independence of the court. Analyzing the European standards of an independent court and the practices of the EU institutions regarding the assessment of the impact of various indicators on the general assessment of the assurance of court independence, taking into account the current and urgent problems of the judicial system of Ukraine, the author makes a number of proposals for improving domestic legislation and practice aimed at strengthening the independence of the court, which the author calls fundamental the value of a democratic state, a prerequisite for an effective judicial protection system.
References
Report on the results of the study "Attitude of Ukrainian citizens towards the judicial system". Retrieved from https://rm.coe.int/zvitsud2020/1680a0c2d7.
Bribe to Knyazev: NABU released evidence, UP learned the name of the detained lawyer. (May 16, 2023). Ukrainska Pravda. Retrieved from https://www.pravda.com.ua/news/2023/05/16/7402508/.
All-Ukrainian survey of judges on the independence and accountability of the judiciary, judicial reform, perception of corruption and willingness to report its manifestations: report on the results. Retrieved from https://newjustice.org.ua/wp-content/uploads/2021/07/2021_Survey_Judges_Report_UKR.pdf.
Clark, T.S. (2010). The Limits of Judicial Independence. Cambridge University Press.
Kaufman, I.R. (1980). The Essence of Judicial Independence. Columbia Law Review, 80(4), 671-701. https://doi.org/10.2307/1122136.
Randazzo, K.A., Gibier, D.M., & Reid, R. (2016). Examining the Development of Judicial Independence. Political Research Quarterly, 69(3), 583-593. https://doi.org/10.1177/1065912916656277.
Larkins, C.M. (1996). Judicial Independence and Democratiziation: a Theoritical and Conceptual Analysis. Am. J. Comp., 44.
Burbank, S.B. (1998). The Architecture of Judicial Independence. Southern California Law Review, 315.
Linzer, D., & Staton, J. (2015). A Global Measure of Judicial Independence, 1948–2012. Journal of Law and Courts, 3(2), 223-256.
Doing Business 2020. Washington, DC: World Bank. Retrieved from https://openknowledge.worldbank.org/server/api/core/bitstreams/75ea67f9-4bcb-5766-ada6-6963a992d64c/content.
Council of Europe plan of action on strengthening judicial independence. Retrieved from https://rm.coe.int/1680700285.
Recommendation CM/Rec (2010) 12 of the Committee of Ministers of the Council of Europe to member states on judges: independence, effectiveness and duties. Retrieved from https://zakon.rada.gov.ua/laws/show/994_a38?lang=en#Text.
EU Justice Scoreboard. (2022). Retrieved from https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/upholding-rule-law/eu-justice-scoreboard_en#factsheets.
Consolidated version of the Treaty on European Union. (2012). Retrieved from https://www.legislation.gov.uk/eut/teu/article/19.
Сharter of fundamental rights of the European Union. (2012). Official Journal of the European Union, 326-391. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:12012P/TXT&from=EN.
Horodovenko, V.V. (2021). Institutional independence of the judicial branch of government in Ukraine: constitutional and legal aspect. Bulletin of the Constitutional Court of Ukraine, 1, 81-92. Retrieved from https://ccu.gov.ua/sites/default/files/gorodovenko_v._instytuciyna_nezalezhnist_sudovoyi_gilky_vlady_v_ukrayini_konstytuciyno-pravovyy_aspekt_1.pdf.
Report of the Venice Commission on the independence of the judicial system. Part I: Independence of judges study No. 494/2008. (Venice, March 12-13, 2010). Retrieved from https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2010)004-e.
Decree of the President of Ukraine No. 359/2023 "On the decision of the National Security and Defense Council of Ukraine dated June 23, 2023 "On accelerating judicial reform and overcoming manifestations of corruption in the justice system". (June 30, 2023). Retrieved from https://www.president.gov.ua/documents/3592023-47185.
Index of Perception of Corruption – 2022. Retrieved from https://cpi.ti-ukraine.org/.
United Nations Convention against Corruption. Retrieved from https://zakon.rada.gov.ua/laws/show/995_c16#Text.
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