Focus area:
Project donor organization:
USAID “New Justice” Program
Project start:
11.2018
Project completion:
11.2019
Analysis of the practice of the new Supreme Court
The project's objective was to conduct an expert assessment of the decisions of the new Supreme Court in order to analyze the existing experience of the Supreme Court in applying the ECHR case law and its significance for improving the quality of its decisions and the impact on the unity of national judicial practice, as well as consistency with international standards of a fair trial. In total, the expert assessment covered more than 500 decisions of the cassation courts of the Supreme Court and the Grand Chamber of the Supreme Court.
Based on the results of the expert assessment (research), an analytical report was prepared, which contains the identified aspects of the application of the ECHR practice by the Supreme Court, in particular, problematic issues and challenges of such application. The Institute's experts in the analytical report proposed recommendations for improving the practice of the application of the ECHR legal positions by the Supreme Court, which are focused on the needs of the analytical and methodological activities of the Supreme Court and the National School of Judges, and can also be used by the HQCJ during the selection of judges.
Additionally, the Institute’s experts provided recommendations on increasing the effectiveness of public participation mechanisms in monitoring the judicial practice of the Supreme Court, taking into account the standards of law enforcement based on the ECHR and the practice of the ECHR.
1. Why is the practice of the ECHR of key importance for the activities of the Supreme Court?
The case law of the European Court of Human Rights (ECtHR) is binding for consideration by national courts, as Ukraine has ratified the European Convention on Human Rights. Its application ensures compliance of judicial decisions with international standards, improves the quality of national justice, and contributes to strengthening public trust in the judicial system.
2. What are the main problematic aspects of the application of the ECHR case law that were identified during the expert assessment?
Among the problems identified are inconsistency in the use of relevant ECHR decisions, a formal approach to references to the Court's case law, and sometimes a lack of proper justification as to why a particular ECHR position is or is not applied in a particular case.
3. What is the practical significance of the recommendations prepared by the Institute's experts?
The recommendations are aimed at improving the methodology for analyzing and applying the ECHR case law, which can be taken into account in the activities of the Supreme Court, the National School of Judges, and the HQCJ. They are designed to increase the level of reasoning in court decisions and strengthen the unity of judicial practice.
4. How can public participation in monitoring the activities of the Supreme Court be strengthened?
Experts suggest expanding mechanisms for public organizations' access to analysis of court decisions, creating open tools for tracking the application of ECHR case law, and introducing regular public reports. Such an approach would contribute to transparency and improve the quality of law enforcement.