Ukraine's Constitutional Court Faces Reform Challenges Amid EU Aspirations

Ukraine Faces Constitutional Court Challenges Amidst EU Candidacy

As Ukraine navigates its integration into Europe and confronts ongoing conflicts with Russia, the health of its democratic institutions has emerged as a key focal point. A significant aspect of this landscape is the Constitutional Court, which serves as a vital protector of citizens' rights and the rule of law.

Currently, however, the court is facing a notable shortfall, with six of its 18 judicial seats unfilled. This deficiency not only raises alarm in ordinary circumstances but takes on heightened significance as Ukraine strives to fulfill the expectations of its EU candidate status.

The situation intensified in January 2025 when a pivotal moment occurred: three judges of the Constitutional Court completed their terms, leading to a five-month period in which the court was without the quorum necessary for its Grand Chamber sessions. The court requires a minimum of 12 judges to participate and at least 10 votes to reach decisions, highlighting the urgency of the vacancy issue.

On June 28, President Volodymyr Zelensky appointed Oleksandr Vodiannikov, a former coordinator for OSCE projects in Ukraine, thus restoring the quorum in a formal sense. Nevertheless, the problem of insufficient judges persists, underscoring the challenges facing judicial reform.

The Path to Reform and International Pressure

Reforming the Constitutional Court is a critical hurdle for Ukraine with roots tracing back to 2020 when the court effectively overturned a major anti-corruption initiative that had established an electronic asset declaration system. This action prompted the Venice Commission to advocate for a depoliticization of the judge selection process.

Real momentum towards reform emerged in the summer of 2022 when the European Commission highlighted reforms of the Constitutional Court as crucial for initiating EU membership negotiations. This was identified as the leading requirement among seven key conditions necessary to safeguard Ukraine’s candidacy.

In response to external pressure, Ukraine passed a new law on July 27, 2023, establishing a competitive selection process for judges through the Advisory Group of Experts (AGE), which features international experts who influence candidate selection to ensure adherence to high moral and professional standards.

The establishment of the AGE, formally organized in October 2023, brought early successes by effectively vetting candidates and rejecting those who failed to meet ethical