Reform with the hidden aim

2010 was a turning … in judicial reform. On July 7, 2010, the … adopted the Law “On the Judicial System and Status of Judges” despite the promises of President’s prior … of the project with the Venice Commission. It entered into … on July 30 – the day of publication.

This event marked the … of major changes in the judiciary, but was perceived ambiguously. Chief … VasylOnopenko called the adoption of the law a “legislative gamble” and stressed that its… power threw Ukraine back in its democratic development. On October 5, 2010 the … Assembly of the Council of Europe expressed concern that such a law was … with too great haste. The Venice Commission followed a few months later, showing inconsistency of the law with a number of European….

The law has worsened people’s … to justice and created a number of threats to judicial independence. Procedural time limits were reduced as if to counter litigation. When judges adjusted caseloads to follow these new … it resulted in numerous violations of procedural rights of the parties and … handling of cases.

The law created serious leverage for political … on judges. They saw significant politically motivated …: the government propagated in 2010 the resignation of many judges, especially in the higher courts, and then the … forced the transfer of judges to the courts of Kiev – mostly from Donetsk and other eastern regions. Many of these … appointed chief judges and their deputies.The new government did not escape the … to use reform to enhance their … on the courts. Ensuring the right to a fair trial was not the real purpose of … reform.

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