Quarterly Progress Report: April to June 2016 FAIR, Accountable, Independent, and Responsible (FAIR) Judiciary Program in Ukraine

The program aimed to build a foundation for a more accountable and independent judiciary. The overall goal of the FAIR project was to support the development of a constitutional, legislative, and regulatory framework for judicial reform that is compliant with European and international norms. The program focused on five main objectives: development of a constitutional, legislative, and regulatory framework for judicial reform; strengthening the accountability and transparency of key judicial institutions and operations; strengthening the professionalism and effectiveness of the Ukrainian judiciary; strengthening the role of civil society organizations as advocates for and monitors of judicial reform; and supporting the implementation of the Law on the Purification of Government. Between October 2011 and June 2016, the FAIR program provided assistance to 613 courts from all oblasts of Ukraine, supported 22 government justice sector institutions, and targeted programming to 47 civil society organizations. The program promoted 9 amendments to the Ukrainian Constitution and 30 amendments to Ukrainian laws to enhance judicial independence and accountability. Additionally, the program trained 3,005 judges and judicial personnel, qualified 193 trainers, and developed 15 new legal courses and curricula. One notable achievement of the FAIR program was the adoption of the draft Law on Amending the Constitution regarding the justice sector. The law was developed by the Constitutional Commission's Working Group on the Judiciary and received a positive review from the Venice Commission. The law was adopted by the Verkhovna Rada on June 2, 2016, with 335 votes. The law removes the power of the Verkhovna Rada and President to appoint and dismiss judges, limits the role of the President in the establishment and dissolution of courts, and strengthens guarantees of judicial independence. The FAIR program also conducted an analysis of the adopted amendments and identified positive aspects and controversial issues. The positive aspects include the removal of the power of the Verkhovna Rada and President to appoint and dismiss judges, the limitation of the role of the President in the establishment and dissolution of courts, and the strengthening of guarantees of judicial independence. However, there are also controversial aspects to be resolved by subsidiary legislation, including the absence of a clear procedure for the appointment and dismissal of judges. The FAIR program engaged 26,980 citizens in the process of monitoring and oversight of court performance, involved 383 courts in the process of court performance evaluation, and supported the development of more than 2,200 civil society recommendations to courts to improve court functions. The program also supported two national tests of 3,474 and 2,348 judicial candidates respectively, and selected 942 judges through new merit-based procedures.