Two ‘books of law’: are Ukrainian judges ready for EU rules?

The National School of Judges of Ukraine hosted the third day of training for Supreme Court judges, focusing on European Union law as a key priority within Negotiation Chapter 23, ‘The Rule of Law and Fundamental Rights’.

The highlight of the day was a presentation by the GIZ Ukraine project’s chief international legal expert, Professor of Law and Politics at the University of Groningen (Netherlands), Dr John Morijn.

Judges as key actors in European integration

In his speech, John Morijn emphasised that it is judges who play a decisive role in Ukraine’s integration into the EU. According to him, Ukrainian judges will effectively become part of the European Union’s unified legal system, where national law coexists with EU law, and in the event of a conflict, European legislation takes precedence.

He stressed that judges in Member States work simultaneously with ‘two legal codes’ – national legislation and EU law – and must therefore be prepared to apply European standards directly.

The independence of the judiciary is the foundation of the EU

The National School of Judges of Ukraine hosted the third day of training for Supreme Court judges, focusing on European Union law as a key priority within Negotiation Chapter 23, ‘The Rule of Law and Fundamental Rights’.

The highlight of the day was a presentation by the GIZ Ukraine project’s chief international legal expert, Professor of Law and Politics at the University of Groningen (Netherlands), Dr John Morijn.

Judges as key actors in European integration

In his speech, John Morijn emphasised that it is judges who play a decisive role in Ukraine’s integration into the EU. According to him, Ukrainian judges will effectively become part of the European Union’s unified legal system, where national law coexists with EU law, and in the event of a conflict, European legislation takes precedence.

He stressed that judges in Member States work simultaneously with ‘two legal codes’ – national legislation and EU law – and must therefore be prepared to apply European standards directly.

EU practice: lessons from Poland and Hungary

The presentation cited examples from EU practice, in particular the situations in Poland and Hungary, where issues regarding the independence of the judiciary have led to the EU withholding significant financial resources.

John Morijn emphasised that the European Union applies the principle of ‘no lowering of standards’: member states cannot reduce the level of guarantees for judicial independence after accession. Furthermore, funding may be suspended if these standards are not met.

New challenges: politics vs the rule of law

The expert drew attention to a current trend – the blending of legal and political decisions on funding matters. In particular, he cited cases where funds for certain states were released even despite unresolved issues regarding judicial independence, a matter of debate within the EU.

Implications for Ukraine

According to John Morijn, for Ukraine this means stricter requirements within the framework of EU accession negotiations. The European Commission will pay even greater attention to guarantees of judicial independence both before and after accession.

The professor concluded that any deviation from standards could have serious consequences, including financial restrictions, and therefore ensuring the independence of the judiciary is not only a legal but also a strategic task for the state on its path to EU membership.

The application of EU law and the role of the Charter of Fundamental Rights

The training day also examined the key mechanisms for interaction between national courts and the institutions of the European Union, as well as the specific aspects of implementing EU law into the national legal system.

In particular, the Head of the Department of European Union Law at the Yaroslav Mudryi National Law University, Professor Tetiana Komarova, provided a detailed overview of preliminary rulings by the Court of Justice of the European Union. She emphasised that this instrument is key to ensuring the uniform application of the law within the EU. Attention was also paid to the Charter of Fundamental Rights of the European Union, which is of great importance as a source of law and is actively applied in judicial practice.

Nataliia Akhtyrska, head of the Training Laboratory for the Study of EU Law at the National School of Judges of Ukraine, spoke about financial control in the context of EU directives. The speaker outlined the EU’s approaches to financial control and explained how these rules are integrated into national legislation.

This day served as a logical continuation of previous discussions and demonstrated a shift from national legal analysis to a broader European context, which is increasingly influencing the development of judicial practice in Ukraine.