Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

Keywords: labor rights of judges, legal relations with judges, judicial system of Ukraine, international legal norms, emergence of labor legal relations, labor and social rights

Abstract

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.

The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.

The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.

Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

References

Vasyliaka K. L. (2011). Problematic issues regarding some provisions of the Law of Ukraine On Judicial System and Status of Judges. Formation of commercial litigation in Ukraine - 20 years of experience. Problems and Prospects: Proceedings of the Scientific and Practical Conference, Odessa: Astroprint, 132-138 [in Ukrainian].
Published
2020-04-15
How to Cite
Kochkova, A., & Dei, M. (2020). Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law. Law Review of Kyiv University of Law, (1), 352-356. https://doi.org/10.36695/2219-5521.1.2020.70
Section
The legal system of Ukraine and international law, comparative legal studies