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Judicial Reform in Ukraine and International Standards for Judicial Independence
12.21.2011
On December 20 and 21, 2011, the Commission for Strengthening Democracy and Rule of Law together with the Organization for Security and Co-operation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) and USAID FAIR Justice Project conducted a Conference on Judicial Reform in Ukraine and International Standards for Judicial Independence.
The objectives of the Conference include discussing OSCE ODIHR Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia and the opinions of the Council of Europe Venice Commission regarding the Law on the Judiciary and the Status of Judges, analyzing gaps in Ukrainian legislation related to the judiciary, and developing recommendations for improving the legal framework including amendments to the Constitution and Law on the Judiciary and Status of Judges.
The Conference brought together representatives of the Verkhovna Rada, Supreme Court, Council of Judges, and National School of Judges as well as chief judges and judges of the appellate courts from all regions of Ukraine and civil society advocates. Judicial experts from Ireland, Estonia, France, Russia and Germany contributed to the discussion.
In his opening remarks Serhiy Holovaty, Member of Parliament, Chair of the Commission for Strengthening Democracy and Rule of Law, outlined the necessity of the judicial reform in strengthening and establishing rule of law. “Building a strong judiciary in Ukraine that is immune to undue influence and interference from political institutions or politicians,and enjoys the trust of society is a matter of balancing the independence and public accountability of judges,” said Serhiy Holovaty. Benjamin Moreau, Chief of the Rule of Law Unit (OSCE/ODIHR), outlined the importance of the open dialogue in the judicial reform. David M. Vaughn, Chief of Party of USAID FAIR Justice Project, presented the Project’s activity in the area of judicial reform and its cooperation with the key players. Rostislav Gerasymov, Adviser to the Head of the Verhovna Rada Justice Committee Serhiy Kivalov, emphasized the importance of analysis and implementation of international experience in implementing judicial reform in Ukraine. Eva Katinka Schmidt, Rule of Law Officer of OSCE/ODHIR, made a short presentation on the Kyiv Recommendations on Judicial Independence.
The first day of the conference focused on issues of judicial selection and training, judicial professionalism, quality and coherence of judgments, and judicial self-governance. On the second day, the Conference addressed issues of judges accountability and independence in adjudication and next steps in judicial reform.
