Shadow report on Chapter 23 “Justice and Fundamental Rights” of the European Commission’s report on Ukraine in 2023

This report outlines the results of monitoring the state of play, issues and recommended solutions in the areas covered by Chapter 23 “Justice and Fundamental Rights” of the European Commission’s 2023 report on Ukraine as part of the EU Enlargement Package (hereinafter – the Commission Report), which recommends starting negotiations on Ukraine’s accession to the European Union.

This is the first report prepared by a coalition of NGOs led by the Agency for Legislative Initiatives. Taking into account their longstanding expertise, knowledge and experience, the NGOs have divided the preparation of the Report into specific areas as follows: Agency for Legislative Initiatives – “Judicial Reform”; Tomorrow’s Lawyer – “Prosecution Reform” and “Bar Reform”; Ukrainian Bar Association – “Legal Education Reform”; Transparency International Ukraine – “Fighting Corruption”; ZMINA Human Rights Centre – “Protection of Fundamental Rights and Freedoms”.

This report contains an analysis of the progress made by Ukraine in each of these areas from June 2023 to the end of July 2024. Information on the progress achieved in the relevant areas during August 2024, which is not reflected directly in the text of the report, is contained in a separate annex. The report also presents data for previous periods (prior to June 2023), if it remains relevant in the reporting period, and is necessary to demonstrate progress or to explain the reasons for the absence of expected results. This Report follows the structure of Chapter 23 of the European Commission’s 2023 report on Ukraine. A summary of the issues and recommended solutions is also provided in a separate annex.

This report was prepared with the support of the EU Pravo-Justice Project. The project is funded by the European Union and aims to promote the development of the rule of law in Ukraine in line with European standards and best comparable practices.

The report is available in English and Ukrainian.

An abbreviated version of the report (section “Protection of Fundamental Rights and Freedoms”, on which ZMINA worked) is available in English and Ukrainian.