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October 6, 2023
On Thursday, 5 October, R2P and the National School of Judges of Ukraine held a roundtable discussion, The Role of Judges in Harmonization of International Protection in Ukraine to the EU Standards, in Kyiv.
The Foundation has been systematically working on the obstacles in access to the asylum procedure in Ukraine. Therefore, the event aimed to bring together judges from Ukraine and the EU who consider cases on this issue, and discuss the main challenges in protecting the rights of asylum seekers.
Judges of the Administrative Courts of Appeal, the Supreme Court, representatives of the National School of Judges of Ukraine, UNHCR, the European Council on Refugees and Exiles, and a judge from the Republic of Slovenia attended the round table.
Myroslava Bilak, judge of the Cassation Administrative Court as part of the Supreme Court
"We are motivated to study and apply the European Union standards in international protection not only by our EU membership candidacy. We are now talking about ensuring the unity of the legal space, the unity of practice carried out by the courts within the European space and even here in Ukraine."
At the event, Iryna Hnasevych, Senior Legal Officer of the European Council on Refugees and Exiles, provided an overview of the EU Court of Justice's case law on access to international protection. Boštjan Zalar, Senior High Court Judge at the Administrative Court of the Republic of Slovenia, shared his experience in the case of expulsion of an asylum seeker from Cameroon from the territory of Slovenia.
Lyubov Lyubchich, Judge of the Second Appeal Administrative Court, spoke about the practice of Ukrainian Courts of Appeal in cases where asylum seekers appeal against the inaction of the State Migration Service.
Larysa Zuieva, judge of the Fifth Appeal Administrative Court, commented on the practice of administrative courts in asylum seekers' cases:
"The category of cases we are talking about today requires the application of an extensive range of sources of law: national, international and EU legislation. It means not only the Convention but also Directives and international standards (...). And it is challenging (...). They need to be trained to understand what is meant when working with this legislation (...). Therefore, such events are important and should be held to shape the practice of applying these norms. Always in such a lively discussion, with an exchange of experience, like today."
At the end of the event, the participants received The Court of Justice of the European Union case law materials on access to international protection from the experts.
The event was organised with the support of UNHCR.
