Focus area:
Project donor organization:
OSCE Project Co-ordinator in Ukraine
Project start:
12.2015
Project completion:
11.2017
Monitoring of court decisions on the application in Ukraine of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights
From December 2015 to November 2017, the Institute implemented a large-scale project to monitor court decisions on the application of the Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights in Ukraine. The aim of the project was to determine the impact of training for judges on the application of the Convention and the practice of the ECHR on the frequency, validity and correctness of the use of this source of law
To achieve the goal, the following tasks were envisaged:
-formation of a sample of court decisions of participants in three phases of training (2014, 2015, 2016);
-conducting an expert assessment of the quality and validity of the application of the Convention and the practice of the ECHR and changes in these indicators under the influence of the trainings;
-preparation of an Analytical Report and recommendations on the legislation and practice of training judges.
1. What methodological challenges might have arisen when forming the sample of decisions?
Ensuring representativeness, selecting solutions with real application of the Convention and separating the impact of training from other factors.
2. Why is it important to assess not only the frequency, but also the validity of the application of the Convention?
Frequency only shows mention, while validity shows actual understanding and correct application.
3. How could the results influence recommendations for legislation?
They help identify gaps or errors in interpretation that require legislative clarification or harmonization.
4. What are the limitations of assessing the impact of training on judicial practice?
It is difficult to separate the impact of training from other changes, due to the different motivations of judges and the limited time frame.