The process of integration into the European Union (EU) requires Ukraine to make fundamental reforms that strengthen its rule of law. This principle, one of the EU’s core values, is crucial to ensuring a transparent, effective, and equitable governance system. Despite the challenges posed by the ongoing conflict, Ukraine has made significant progress, though critical areas for improvement remain. This text examines changes in the judiciary, the fight against corruption, and the safeguarding of justice, freedom, and security, highlighting both progress and obstacles on the path to European integration.
Transforming the Judicial System: Efficiency and Transparency
The judicial system has been at the heart of Ukraine’s state reforms, with initiatives aimed at increasing its independence, efficiency, and functionality. The government’s Strategic Plan for 2023–2027 prioritizes modernizing the judiciary, including enhancing court networks, digitizing procedures, and revising procedural codes.
While the constitution guarantees judicial independence, corruption and external interference remain significant issues. The High Council of Justice (HCJ) and the High Qualification Commission of Judges (HQCJ) have resumed their responsibilities, albeit with limited personnel and resources. As of November 2023, 125 judges have been assessed, resulting in 28 recommendations for dismissal—a modest outcome given the 2,500 judges awaiting review.
The random assignment of cases to judges represents a step toward fairness, yet legislative reforms are still necessary to prevent conflicts of interest, such as judges participating in decisions regarding their own resignations. Public trust in the judicial system remains low, emphasizing the need for greater transparency and accountability.
Fighting Corruption: Legal and Institutional Frameworks
Combating corruption is another cornerstone of Ukraine’s legal reforms. Specialized institutions, such as the National Anti-Corruption Bureau (NABU) and the Specialized Anti-Corruption Prosecutor’s Office (SAPO), have demonstrated autonomy and effectiveness in investigations. However, they face challenges related to limited resources and low asset recovery rates from corruption cases.
The adoption of digital systems, like NABU’s recent electronic case management tool, holds great potential for enhancing transparency and efficiency, despite technical and legal hurdles. Advances in whistleblower protections and lobbying regulations are promising but require broader implementation to effectively prevent corruption.
Public distrust in anti-corruption institutions underscores Ukraine’s historical challenges in this area. Prioritizing high-profile cases and improving asset recovery mechanisms are critical to bolstering the legitimacy and effectiveness of these institutions.
Justice, Freedom, and Security: Resilience in Wartime
The ongoing conflict has had a significant impact on the justice system and law enforcement agencies. Despite these challenges, Ukraine has made notable strides in prosecuting international crimes, with over 142,000 cases filed and 305 convictions issued. Ratifying the Rome Statute in 2024 reflects a commitment to global justice, though investigative capabilities must be strengthened to address the scale of such cases effectively.
The war has also strained judicial infrastructure and access to justice, exacerbating operational inefficiencies. Furthermore, efforts to digitize the judiciary, including updates to the Unified Judicial Information System, progress slowly due to insufficient legislative and financial support. Tools such as remote hearings and electronic case management systems are encouraging developments but require a more comprehensive implementation approach.
Alternative dispute resolution (ADR) methods, such as mediation, remain underutilized. Limited national awareness and insufficient information about these options hinder their effectiveness as mechanisms to reduce judicial burdens.
Conclusion: Strengthening the Rule of Law for European Union Membership
Strengthening the rule of law is crucial for Ukraine’s aspirations to join the EU. While judicial reforms, anti-corruption measures, and the safeguarding of justice and security have shown promising progress, structural challenges demand immediate attention.
The digital transformation of judicial procedures, asset recovery from corruption, and the reinforcement of judicial independence are vital to rebuilding public trust and aligning with European standards. Amid the difficulties posed by ongoing conflict, Ukraine must redouble its efforts to establish a transparent, resilient, and equitable governance system that benefits not only its integration into Europe but also the rights and well-being of its citizens.
Such efforts will not only fortify the nation’s internal institutions but also strengthen its standing as a reliable partner committed to the EU’s fundamental values.
Written by: Juan Ignacio Lorente
