Increasing Independence of Judiciary, Streamlining Judicial Governance and System of Appointment of Judges
In order to strengthen the judiciary with regard to other branches of power, emphasis should be placed on strengthening strategic planning, financial and communication capacities of the judiciary self-governance system. While optimisation of the judiciary governance set-up - by way of the creation of a single judiciary governance body (SJGB) at the top of the policy-making - will commence with immediate steps, the process will inevitably necessitate significant regulatory and institution-building initiatives beyond the short-term perspective. In this respect, dedicated bodies in charge of strategic planning and regulatory development, budget and financial management, quality and performance management, ethics and discipline will be set up both at the strategic and operational levels.
These bodies in order to make sure that the judiciary speaks with one and effective voice when it comes to legislative initiates that directly affect the administration of justice, ensuring adequate provision and distribution of financial resources, and communication with the public. Further steps will be taken towards consolidation of all budgetary and public financial management capacities of the judiciary by way of setting up dedicated finance units to deserve all courts within a certain appellate region. Among other outcomes, transparency in the functioning of the judiciary will be ensured by facilitated access and information given to the public and the media about hearings, meetings, relevant and procedures. These changes should make a sizeable impact on the way the judiciary manages its relationship with other branches of power and the society at large.
- ADRAlternative dispute resolution
- APAction Plan
- APU/PAUPresidential Administration of Ukraine
- ASSETBTCBar Training Centre
- CBChamber of Bailiffs
- CCConstitutional Court
- ВНЗВищі навчальні заклади
- CCBECouncil of Bars and Law Societies of Europe
- CCLAPCoordination Centre for Legal Aid Provision
- CEISCriminal Executive Inspection
- CEPEJEuropean Commission for the Efficiency of Justice
- CJ/CoJCouncil of Judges of Ukraine
- CJR/JRSCouncil for Justice Reform (or Justice Reform Council)
- CoE CMCoE Committee of Ministers
- CoE/CoECouncil of Europe
- CPCouncil of Prosecutors
- CPEPerformance Evaluation Framework
- CSOCivil society organizations
- DCMISDetainee case management system
- DFATDDepartment of Foreign Affairs, Trade and Development, Canada
- DG JustDirectorate-General for Justice and Consumers of the European Commision
- DOJUnited States Department of Justice
- EaPThe Eastern Partnership
- ECHREuropean Convention on Human Rights
- ECJEuropean Court of Justice
- ECtHREuropean Court of Human Rights
- EPPEvaluation of Prosecutors’ Performance
- EU MSEU Member State(s)
- EUEuropean Union
- EUAMEuropean Union Advisory Mission for Civilian Security Sector Reform Ukraine
- FLAFree Legal Aid
- FoIFreedom of information
- GDPGross domestic product
- GOU/GoUGovernment of Ukraine
- HACHigher Administrative Court
- HCCHHague Conference on private international law
- HCJHigh Council of Justice of Ukraine
- HEIHigh educational institutions
- PCFCoE/EU Eastern Partnership Programmatic Co-operation Framework
- PDPPersonal data protection
- PEEPerformance effectiveness evaluation
- PEOPrivate enforcement officer
- PFMPublic financial management
- PGProsecutor General
- PMFPerformance Management Framework
- PPOPublic Prosecutor’s Office
- PPPPublic-private partnership
- PRPublic Relations
- QALAQuality and Accessible Legal Aid Ukraine Project
- RBCRegional Bar Council
- RPORegional Prosecutor’s Office
- PQDCsRegional Qualification and Disciplinary Commission
- SCSupreme Court
- SDPStrategic development plans
- SEPSector expenditure plan
- HELPEuropean Programme on Human Rights Education for Legal Professionals
- HQCHigh Qualification Commission
- HQDCHigher Qualification and Disciplinary Commission
- HRHuman Resources
- HRTFHuman Rights Trust Fund
- HSCHigher Specialised Court
- IMFInternational Monetary Fund
- IMSInformation management system
- IOPInteroperability
- INLUS Department of State Bureau for International Narcotics and Law Enforcement Affairs
- IRZGerman Foundation for International Legal Cooperation
- ISInformation system
- ISDInternal Security Department
- JCsee CJ
- JITJoint investigative team
- JSRSJustice Sector Reform Strategy
- LPOLocal Prosecutor’s Office
- LPPLegal Professional Privilege
- M&E;Monitoring and evaluation
- MISManagement information system
- MOEMinistry of Education of Ukraine
- MOFMinistry of Finance of Ukraine
- MOHMinistry of Health of Ukraine
- MoI/MoIAMinistry of Internal Affairs of Ukraine
- MOJ/MoJMinistry of Justice of Ukraine
- MORMinistry of Regional Development, Construction, and Communal Living of Ukraine
- MOUMemorandum of Understanding
- MSPMinistry of Social Policy of Ukraine
- MTBFMedium-term budgetary framework
- NACBNational Anti-Corruption Bureau of Ukraine
- NALSNational Academy of Legal Science of Ukraine
- NAPUNational Academy of Prosecutors of Ukraine
- NBCNational Bar Council
- NCPNational Conference of Prosecutors
- NPMNational Preventive Mechanism
- NSJNational School of Judges
- OSCEOrganization for Security and Co-operation in Europe
- SGSSelf-governance system
- SGUASupport Group for Ukraine
- SITSpecial investigative techniques
- SJAState Judicial Administration of Ukraine
- SJGBSingle Judiciary Governance Body
- SLAService-level agreements
- SOPStandard operating procedures
- SPSState Penitentiary Service of Ukraine
- SSUSecurity Service of Ukraine
- TCTraining Centre
- THBTrafficking in human beings
- TOTTraining of trainers
- UNBAUkrainian National Bar Association
- USAIDUnited States Agency for International Development
- USAID FAIRThe FAIR Justice Project of USAID
- VETVocational educational training
- WGWorking Group
Action | Implementation Deadline | Performance Criteria | ||||
End of 2016 | End of 2018 | End of 2020 | Measures/Outputs | Responsible Body / Means | Outcomes | |
Area of Intervention 1.1 Increased Independence through Balance between Legitimacy and Efficiency in Institutional Set-Up of Judiciary Governance | ||||||
1.1.1 Increasing balance of duties and powers in judiciary governance | 1. Reviewed regulatory framework, including constitutional amendments, on judiciary governance institutional set-up | Parliament, High Council of Justice (HCJ), Singe Judiciary Governance Body (SJGB), Congress of Judges, SC, HSCs,, SJAMOJ/ Decisions, statutes and rules amended | - Judicial governance bodies clearly mandated and exercising their task to protect independence of judiciary (structural independence) and judges (functional independence)- Optimised number of judiciary governance bodies with clear separation of powers of each body andone body at pinnacle of all judiciary policy development and implementation;- Relevance of SJGB analysed in details by merging the powers of HCJ, HCQ and CJ, structure of such constitutional body defined in accordance with its functions - Majority of decision-makers in each judiciary governance body elected by their peers (other judges) - Judiciary governance system granted with clear-cut powers for guaranteeing independence of judges, supporting activities of courts and - More transparent representation quota and procedures for nomination of delegates to Congress of Judges - Governance system of courts staff in place - Enhanced requirements, including ethical ones, for members of judiciary governance bodies - Cross representation of judiciary and other key justice sector stakeholder members (prosecutors, lawyers etc.) in composition of their - Safeguards in place against any possibilities of political influence over the procedure of judges’ appointment and dismissal, holding the - No role of political forces in transfer of judges (reassignments to particular post) - Transparent internal review system of professional suitability within the judiciary in place, using objective criteria and fair - All cases of appointment or transfer to particular judicial post are held upon merits-based criteria and competition basis - Lifetime appointment to a judicial post is guaranteed with short or no probationary period | |||
2. Reviewed regulatory framework to foster more inclusive representation of judiciary within independent governance bodies of other justice sector institutions | Parliament HCJ, HQC, SJA, CJ, , HSCs , MOJ, / Decisions, statutes and rules amended | |||||
3. Reviewed regulatory framework and procedures on judicial appointments and dismissals, with stringent limits placed on influence by other branches of power than judiciary | Parliament, HCJ, HQC, SJA, CJ, HSCs , MOJ, / Decisions, statutes and rules amended, reports rulebooks, practice guides | |||||
Area of Intervention 1.2 Increased Independence and Transparency through Strategic Planning, Regulatory Development, Budget and Financial Management, PR/Communication | ||||||
1.2.1 Development of strategic planning and regulatory development capacities | 1. SJGB Strategic Planning and Regulatory Development Committee fully operational | SJGB, (HCJ, HQC, CJ), SJA / Decision, reports | - System is in place which associates judiciary expenditure with declared objectives of courts and justice sector - Mission statements, objectives and performance targets are made an integral part of annual judiciary budgeting process; courts - Internal and external monitoring and evaluation (M&E) mechanisms and review reports attest satisfactory degree of implementation of - Judiciary provides regular and constructive inputs for major policy and regulatory initiatives related to justice sector reform - Use of statistics and evidence-based approach in all judiciary policy and regulatory initiatives - Complex quantitative and qualitative M&E methodologies applied in internal review of implementation of all judiciary policies | |||
2. Dedicated staff assigned at SJGB/SJA to deal with strategic planning and regulatory development issues | SJGB (HCJ, HQC, CJ), SJA / Decisions, contracts, job descriptions, placement plans, trainings | |||||
3. Practice guides and training modules on strategic planning and regulatory development developed, disseminated and updated regularly | NSJ, SJGB (HCJ, HQC, CJ), SJA, HSCs / Decisions, , publications and reports | |||||
4. Judiciary Annual Reports developed and disseminated | SJGB (HCJ, HQC, CJ), SJA, HSCs / Decisions, reports | |||||
1.2.2 Development of budget and financial management capacities | 1. SJGB Budget and Financial Management Committee fully operational | SJGB (HCJ, HQC, CJ) / Decision, Reports | - System is in place which associates judiciary expenditure with declared objectives of courts and justice sector - Mission statements, objectives and performance targets are made an integral part of annual judiciary budgeting process; courts - Financial planning and funding of courts based on the unified methodology - Financial owners perform efficiently their duties of financial planning and funding of courts, oversight of effective use of budget funds - Optimised staffing of courts in place through development and implementation of the workload standards for the judges and court staff; - Ensured participation of the independent judiciary at all stages of budgeting- - Unification of courts’ budgeting system (one budget for all courts) - Program budgeting and performance-based budgeting methodologies with non-financial performance indicators applied in judiciary budget - More active use of e-justice tools, information systems, research and analysis and evidence-based approach in justification of budgetary - Increase in effectiveness of collection of court fees to be used to budget the courts - Increased quality of public financial management (PFM) by judiciary, substantial reduction of arrears of courts to utilities, postal, - Single public procurement process in place based on harmonised needs assessment of all courts - Court fee proceeds used increasingly as core sources to cover judiciary budgetary needs and resources; - increased court fee rates in pecuniary litigation, while retaining the affordability of justice for low-income individuals | |||
2. Reviewed regulatory framework of judiciary participation at all stages of the budget process | HCJ, HQC, SJA, MOJ / Reviewed regulatory framework | |||||
3. Dedicated staff assigned at SJGB/SJA to deal with budget and financial management issues | SJGB (HCJ, HQC, CJ), SJA / Decisions, contracts, job descriptions, placement plans, trainings | |||||
4. Dedicated finance units (under auspices of regional (appellate) courts or SJA regional departments) fully operational, in charge of formulation of budgetary requests and deserving all courts within appellate region | SJA / Decisions, contracts, job descriptions, placement plans, trainings | |||||
5. Practice guides and training modules on budget and financial management developed, disseminated and updated regularly | NSJ, SJA / Decisions, trainings, publications | |||||
6. Operational pay terminals in all courts | SJA / Decisions, hardware and software in place, trainings, manuals, review reports | |||||
1.2.3 Development of PR/communication capacities | 1. SGGB Communication Committee fully operational | SJGB (HCJ, HQC, CJ)/ Decision, reports | - Internal communication channels among judiciary governance bodies, between judiciary governance bodies and courts, and between judiciary/courts and judges/staff formalised and used regularly; mechanism for handling regulatory and governance issues among judiciary governance bodies in place- External communication channels between judiciary/courts and other State/non-State actors in justice sector formalised and used regularly; consistent response of judiciary governance bodies on behalf of corporation to any attempts at interference with independence, and promote interests of corporation- Clear, foreseeable and applicable conditions on public access and participation at SJGB hearings, timely prior announcement of meeting agendas, public nature of SJGB decisions- Career and performance management system of judiciary containing incentives for judges to more frequently enter into contact with public by way of writing articles, conducting research, visiting educational establishments, and engaging in other socio-educational activities - User satisfaction surveys used regularly by judiciary governance bodies and courts to measure and improve quality of services - Regular exchanges with European judiciary governance bodies and other international counterparts | |||
2. Press centre at SJGB fully operational | SJGB (HCJ, HQC, CJ)/ Decisions, contracts, job descriptions, placement plans, trainings | |||||
3. Press units (officers) in all appellate regions | SJGB (HCJ, HQC, CJ)/ Decisions, contracts, job descriptions, placement plans, trainings | |||||
4. Practice guides and training modules on PR/communication developed, disseminated and updated regularly | NSJ / Decisions, trainings, publications | |||||
5. Written rules of procedure drafted and applied by SJGB in all matters | SJGB (HCJ, HQC, CJ)/ Decisions, practice guides | |||||
6. Regular study visits of schoolchildren, students and other groups organised at courts | SJGB (HCJ, HQC, CJ), Courts / Decisions, reports | |||||
7. Press releases/briefings at courts following examination of high-profile cases | SJGB (HCJ, HQC, CJ), Courts / Decisions, reports | |||||
8. European and international cooperation network fully operational | SJGB (HCJ, HQC, CJ), Courts / Decisions, MOUs, conferences, traineeships |
[1] An institution which is mentioned first with regard to each output (box) is a leading responsible body which will have to define a lost of specific steps in its annual institutional implementation plan of the JSRS Action Plan, in coordination with other responsible bodies mentioned.
[2] Body created as a result of merging of HCJ, HQC and possibly other bodies.
Impact Indicators for Chapters 1-4
- User satisfaction surveys (conducted as part of judiciary performance management system, or by external observers) attest increased trust of society in judiciary generally, and its independence and competence in particular (baseline: 2015; suggested 2016 target - increase by 5%; 2018 target - increase by 15%; 2020 target - increase by 25%).
- Trial monitoring surveys conducted by external observers attest improvement of affairs in fairness of proceedings in same selected court, appellate region or jurisdiction (baseline: 2015).
- 10 % annual decrease in number of structural violations found by ECHR with regard to decisions taken by Ukrainian judiciary (baseline: relevant ECHR judgments pronounced in 2015; only pilot judgments or repetitive cases taken into account).
- 5 % annual decrease in number of cases at ECHR establishing divergences in practice of Ukrainian courts in applying national legislation, or establishing breaches of independence or impartiality of tribunal, or fairness of proceedings or defence rights, or ‘reasonable time’ requirement (baseline: relevant ECHR judgments pronounced in 2015).
- Improved implementation of general measures in view of any ECHR judgment regarding Ukraine (baseline: number of pending cases before the COE Committee of Ministers (COE CM) where general measures are indicated at end of 2015; suggested 2018 target - total decrease by 15%, decrease of enhanced supervision cases by 25%; 2020 target - total decrease by 25%, decrease of enhanced supervision cases by 35%).
- Progress noted by COE CM in implementation of general measures deriving from Volkov v. Ukraine judgment (baseline: 2015).
- 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine (baseline: 2015).
- Ukraine’s standing in various relevant international indices relating to performance of judiciary improves, including Governance Indicators and Rule of Law Index (World Bank Institute), World Economic Forum (WEF) Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).
- Acknowledgement of Ukraine’s progress in judiciary reform noted in EU reports and various policy dialogue documents, such as Association Agreement and Visa Liberalisation Action Plan implementation reports (baseline: 2015).