Commission Member Mykhailo Makarchuk joined discussion on ways to reduce the burden on Supreme Court Justices
On October 4, 2019, a roundtable “Application of cassation filters: practical problems and solutions” was organized with the support of the European Union Pravo-Justice Project.
During the event, Recommendations on Improving the Legal Framework of the Supreme Court were presented, prepared by the experts of the Twinning Project “Enhancing the Supreme Court's Institutional Capacity to Protect Human Rights at National Level”. The Recommendations analyze the general aspects of the Supreme Court's work and propose improvements to them, in particular by reducing the workload of judges.
Thus, one of the problematic aspects in this context is the imperfection of cassation filters, which is one of the reasons why the Supreme Court Justices are overburdened. The experts point out that the review of cases should be carried out, first and foremost, in those court proceedings in which the Supreme Court’s decision is necessary to preserve legal unity and further development of legal principles.
International experts also see the need to refrain from further radical reforms in the field of justice, since they impede the proper functioning of the courts.
In addition, the Recommendations stated that there was a need to improve relations between judges, prosecutors and lawyers. These working relationships should be based on mutual professional respect. At the same time, according to experts, there is some tension in the Ukrainian legal environment in the joint work of representatives of these professions. Such a situation may impede interaction for the successful initiation and completion of court cases. To counteract this, experts advise to hold joint events aimed at overcoming mutual mistrust.
The High Qualification Commission of Judges of Ukraine was represented at the event by Commission Member Mr. Mykhailo Makarchuk.
Supreme Court Justices, representatives of the National School of Judges of Ukraine, the National Bar Association of Ukraine and international experts also participated in the discussion.
Reference:
The EU Pravo-Justice Project promotes the rule of law in Ukraine in line with European standards. Through the use of the monitoring and evaluation tool, the weaknesses analysis and the impact assessment, the Project supports changes to improve the efficiency of the legislative process and the development of the justice sector.
It brings together experts from different EU Member States and will continue until the end of 2020.
