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The Workshop, Practice of the Courts of the European Union Member States and the Court of Justice of the European Union in the Field of International Protection: Useful Experience for Ukraine, Took Place in Kyiv
August 30, 2024
Right to Protection is systematically working to overcome difficulties with access to the refugee recognition procedure in Ukraine. That is why, together with the National School of Judges of Ukraine and the UNHCR, the Fund held a workshop in Kyiv, The Practice of the Courts of the European Union Member States and the EU Court of Justice in the Field of International Protection: Useful Experience for Ukraine. The event was aimed at judges who play a key role in ensuring justice in international protection and hear cases in this sphere.
The purpose of this seminar was to familiarise participants with the practice of the courts of the EU Member States and the Court of Justice of the European Union in international protection and study experiences that may be useful for Ukraine in the context of European integration processes.
Sarah Elliott, Senior Protection Officer at the UNHCR Ukraine, delivered the opening remarks. She thanked the judiciary, particularly the administrative courts that deal with international protection cases in Ukraine, and the National School of Judges for coordinating the event.
Sarah Elliott, Senior Protection Officer at the UNHCR Ukraine
Nowadays, I'm sure we all, and Ukrainians in particular, deeply feel the consequences of war and persecution in their country. And now, more than ever, understand what it means to flee and seek safety. There are now 6 million of your fellow citizens who are living abroad, most of whom are in the European Union under temporary protection. Currently, Ukraine is being considered for membership of the European Union, and you now have the opportunity and the necessity to learn even more about common EU rights and obligations, including the instruments of judicial interpretation, such as the European Court of Justice.
During accession negotiations, candidates of countries should adapt their national laws to align with something called the European Union Acquis and its many fundamental EU principles that have been introduced and developed, including through the jurisprudence of the Court of Justice. So, Chapter 24 of the EU Acquis is of particular importance to all of us today because this chapter covers access to asylum.
During the event, Supreme Court Justice Olesia Radyshevska spoke about whether and how Ukrainian judges should apply the EU Court of Justice practice.
Olesia Radyshevska, Supreme Court Justice
It is worth reminding you that Ukraine has now acquired the status of a candidate for membership in the European Union. This indicates an irreversible path for Ukraine in building not only its political but also its legal system towards compliance with European standards, particularly those created by such an interstate entity as the European Union.
The EU Court of Justice is one of the key international judicial institutions that really supports and interprets EU law by responding to preliminary applications from EU member states, so of course, Ukraine, as a candidate, should pay attention to such interpretation because it is not a resolution of a particular dispute, but the application of specific methods, interpretation of EU provisions that will be useful for judges of the Ukrainian judicial system in the future.
Judge of the Court of Justice of the European Union Lars Bay Larsen focused on the EU Court of Justice's practice in the field of international protection, which may be helpful in Ukraine.
Boštjan Zalar, Senior Judge of the Appellate Division of the Administrative Court of the Republic of Slovenia, President of the European Branch of the International Association of Refugee and Migrant Judges, ad hoc Judge of the European Court of Human Rights, in turn, spoke about the challenges for national judges of the EU member states in international protection cases.
Sofiia Kordonets, Head of the Assistance to Refugees, Asylum Seekers and Stateless Persons in Ukraine programme direction of R2P
Ukraine is striving to achieve European standards in the legal sphere, and international protection is an essential component of this path.
The lawyers of our Fund often face cases where decisions of the State Migration Service or its territorial units need to be challenged in court, or their inaction is declared unlawful, obliging them to take specific actions. Therefore, it is essential that the experience of this seminar will be helpful for Ukrainian judges in the context of the correct application of the EU asylum case law to overcome the challenges faced by judges in the current context, to become less biased towards asylum seekers and refugees, and to continue to support the position that Ukraine must comply with its international obligations in this field.
During the event, the participants also discussed the experience and challenges Ukrainian judges face in considering international protection cases. All those present at the event took an active part in the discussion.
The second workshop took place on 2 August.