€286 million for a “reform” that helps judges avoid accountability?

The EU is about to pay Ukraine €3 billion for 10 implemented reforms. One of them is an updated review of judges’ integrity declarations. That one alone carries a payment of €286 million.

According to European Pravda, the European Commission is proposing to disburse the funds to Ukraine under the Ukraine Facility. One of the grounds cited is the law on reviewing judges’ integrity declarations.

DEJURE has already warned about its consequences.

• Does a judge live in line with their income? The property section was removed from the review;
• Inaccurate data in a declaration? A judge can say they “forgot” or “did not understand the question.” If intent is not proven, there will be no liability;
• The HQCJ failed to review a declaration within six months? The judge is considered automatically “clean”;
• They say judges will disclose more relatives holding official positions? But the law does not provide for any verification of such statements at all.

The integrity of these people determines whether we can count on a fair trial. After the scandal involving Vsevolod Kniaziev, other judges of the Grand Chamber, and the Russian passports of Bohdan Lvov and Valentyna Simonenko, the review of declarations was supposed to become an instrument for vetting Supreme Court judges. The need for cleansing was confirmed once again by materials from NABU’s “Femida” operation, which exposed the Supreme Court’s leadership. Instead, parliament weakened the review, and now this law is being counted as a success.

A fine-sounding title for a draft law and a checkmark in a report ≠ reform. If you pay for imitation, next time you will get another imitation, only for a far larger sum.

We call on the European Commission to demand that the provisions on integrity declarations be corrected. To restore the review of the property section, to provide for liability for gross negligence, and to close off the possibilities of escaping it through time limits.

We are in favour of funding Ukraine. But counting a law that weakens the vetting of judges as an implemented reform means encouraging deception.