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Section f Case study

25. European Union and Ukraine

Background Information

Cooperation between Ukraine and the EU in the field of justice and internal affairs is maintained within the framework of Subcommittee “Justice, freedom and security”, which is the working body of Ukraine-EU cooperation committee.The main document outlining the framework of cooperation in this sphere is EU Action Plan On Justice And Home Affairs in Ukraine. This document covers cooperation in the following spheres: Migration and asylum, Border management and visa, Organized crime, Terrorism, Judicial cooperation, Law enforcement cooperation, Strengthening the judiciary, rule of law and good governance.

The EU Action plan implementation schedule in the sphere of justice and home affairs in Ukraine serves the means of implementation, monitoring, evaluation and defining annual priorities. Justice and home affairs cooperation of Ukraine-EU Action Plan is based on the present EU Action Plan on justice and home affairs in Ukraine.

Problem

Key objectives of Ukraine in the legal sphere

- providing with asylum, particularly approximation of norms of national legislation to the principles of UNO Convention and Protocol on refugee status, and updating the state authorities, responsible for implementation and realization of legislative regulations concerning asylum and refugees to the EU norms and standards;

- development of effective and thorough border governance system;

- fight against organized crimes, in particular human traffic and terrorism (Ukraine is a participant of all international instruments of terrorism fight), money laundering;

- adoption and full implementation of proper legislation and measures of development of international cooperation in justice;

- justice system reformation, approving of new codes;

- intensification and simplifying of modern transborder cooperation between Ukraine and the EU, candidates to the EU accidence and corresponding third countries.

Task

You are members of the Ukraine-EU cooperation committee sitting. During the joint session the sides maintain monitoring of measures’ realization of the EU Action plan in the mentioned sphere. Ukraine is severely deficient in investment freedom, property rights protection, and freedom from corruption. Ranking 133rd out of 157 countries and almost qualifying for repressed category. You are discussing the main recent achievements and losses of Ukraine in the field of justice. Work in groups to brainstorm the points listed below.

Brainstorming session

1. When does Ukraine expect to join EU?

2. Has Ukraine completely implemented EU recommendations in the sphere of justice?

3. What is the present situation with human trafficking in Ukraine?

4. What are effective ways of fighting corruption in Ukraine?

5. What is the attitude of Ukrainian population to Law Enforcement Agencies?

6. Do long-standing political rivalries among the country’s leaders contribute to the process of democratization of the country?

7. What are the main problems of Ukrainian justice?

8. How can corruption in legal spheres be eliminated?

9. Do you believe in possibility of justice establishment in Ukraine as a common structure of judicial system, which functions on the base of rule of law in conformity with the European standards and guarantees human right to the fair court?

10. Try to define the directions of possible cooperation and assistance in future between Ukraine and EU.

11. Do you agree that the main tasks of Ukrainian Justice are as follows:

- creation of scientifically grounded methodological base of justice development.

- defining the ways of improvement of legislation in this sphere

- guaranteeing of available and fair justice

- transparency of court activity

- optimizing of general jurisdiction court system

- strengthening of guarantees of courts’ independence

- improvement of court decisions’ implementation

- creation of possibilities for the development of alternative (out-of-court) ways of settlement of disputes.

Writing

As one of the members of the Ukraine-EU cooperation committee sitting write a report on the ways of bringing the Ukrainian Justice and Law Enforcement system into line with the European standards. Make a list of things Ukraine must do to make the Ukrainian legislation in conformity with the EU demands and enlarging of legislative base in the sphere of justice and internal affairs.

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