Objectives and desired results

1) General objective

To provide high-quality international expertise, analytical support and capacity-development assistance to the High Council of Justice, the Service of Disciplinary Inspectors and other relevant judicial institutions in strengthening judicial accountability, integrity and disciplinary systems in line with European standards, including through the analysis of legislation, disciplinary practice and case-law, assessments and expert opinions on issues arising in the course of reform implementation.

2) Specific objectives

•  Develop a standardized template for disciplinary proceedings documents and related guidance to promote the consistency and quality of HCJ disciplinary practice.

•  Design and deliver targeted capacity-building for disciplinary inspectors of the SDI on disciplinary proceedings, decision-making and the application of European standards.

•  Prepare analytical notes with recommendations on unifying and improving the judicial integrity framework, including integrity indicators, conflict-of-interest mechanisms and verification procedures.

•  Provide, upon request of the Project, legal and policy analysis of legislation, draft laws, secondary legislation, disciplinary and judicial practice and case-law, as well as assessments and expert opinions on other issues relevant to judicial accountability, integrity and ethics.

3) Anticipated results

•  A standardized template for disciplinary proceedings documents and related guidance developed and presented to the HCJ.

•  Increased professional knowledge and practical skills of SDI disciplinary inspectors in conducting disciplinary proceedings and applying European standards.

•  Recommendations on unifying and improving the judicial integrity framework developed and presented to the beneficiaries.

•  Beneficiaries and the Project are provided with timely expert analysis of legislation, draft laws, disciplinary practice and case-law, assessments and expert opinions supporting evidence-based decision-making.

•  Strengthened cooperation and knowledge exchange between Ukrainian judicial institutions and EU counterparts, with European best practices integrated into Project outputs.

• International expertise and EU Member States’ practices integrated into Project outputs and technical assistance activities.

Description of the assignment

1) Planned activities

The Expert shall work under the overall supervision of the Senior National Key Expert on Judiciary Reform and Pillar 1 Lead, and in close coordination with other Project experts and relevant beneficiary institutions.

Depending on the specific assignment and area of expertise, the Expert may be required to provide some or all of the following services:

A. Templates, analytical notes and methodologies

•  Analyze HCJ disciplinary decisions and related procedural documents to identify inconsistencies, recurring shortcomings and good practices in their structure, reasoning and quality.

• Develop a standardized template for disciplinary proceedings documents, together with methodological guidance on its application.

•  Prepare analytical notes with recommendations on unifying and improving the judicial integrity framework, including unified integrity indicators, conflict-of-interest mechanisms, integrity declaration verification procedures and ethical standards.

• Conduct comparative research on judicial disciplinary and integrity systems in EU Member States and identify approaches relevant to Ukraine.

B. Training and capacity development

•  Assess the training needs of SDI disciplinary inspectors and design a targeted capacity-building program on disciplinary proceedings, decision-making and the application of European standards.

•  Prepare training agendas, presentations, case studies, practical exercises and other training materials, and deliver training sessions, workshops and mentoring.

•  Facilitate peer-learning with relevant EU counterparts, consultations and knowledge-sharing events on the regulatory framework and business processes for integrity declaration verification, ethical standards and disciplinary liability.

C. Analysis of legislation and case-law, assessments and expert opinions

•  Upon request of the Project, provide legal and policy analysis of the legislation, draft laws, secondary legislation and internal regulations governing judicial accountability, disciplinary liability, integrity, ethics, conflict of interest and the status of judges, including their compliance with European standards and Ukraine’s EU accession commitments.

•  Analyse the disciplinary practice of the HCJ, the practice of other judicial governance and self-government bodies, the case-law of the Supreme Court, and relevant case-law of the European Court of Human Rights and the Court of Justice of the EU, and identify trends, inconsistencies and implementation challenges.

•  Conduct needs assessments, functional and institutional assessments, gap analyses, surveys and other assessments of judicial institutions, procedures and practices in the field of accountability and integrity, and prepare findings and recommendations.

•  Prepare expert opinions, analytical notes, comparative studies, policy briefs, comments and proposals on draft legal acts, codes of ethics, strategies, action plans and other documents relevant to Result 1.4, including in response to ad hoc requests from the beneficiaries.

•  Contribute to the monitoring of the implementation of relevant reform measures, GRECO and other international recommendations and interim benchmarks, and to the preparation of the Project’s analytical and reporting inputs.

D. Representation of the Project’s position and results of work

• Participation in working groups, meetings or other working and coordination platforms dedicated to judicial accountability, integrity, ethics and disciplinary practice.

•  Presentation of papers, studies and other materials prepared by the expert under the assignment received from the Project during public events and working meetings.

2) Anticipated deliverables

3) Consultation

The Expert shall work under the overall supervision of the Senior National Key Expert on Judiciary Reform and Pillar 1 Lead.

The Expert shall maintain regular communication with the designated Project experts concerning the prioritization and allocation of analytical and capacity-development tasks; the scope, methodology and expected outputs of expert products; legal questions, disciplinary cases and factual materials requiring assessment; consultations with the HCJ, the SDI and other relevant beneficiaries; the preparation and delivery of training and knowledge-sharing events; participation in working groups and coordination mechanisms; the submission, review and revision of deliverables; and any circumstances that may affect the quality, timeliness or impartiality of the assignment.

The Expert shall promptly communicate any potential conflict of interest, including any current or past involvement in disciplinary proceedings concerning judges, confidentiality concern or other circumstance that may affect the performance of the assignment.

4) Implementation period

Start date: January 2027

End date: June 2030

Effective duration of the assignment: 42 months

5) Place of performance

The assignment shall primarily be performed on a home-based basis. Frequent travel to and within Ukraine may be required, upon formal request by Expertise France and subject to applicable security and contractual arrangements.

Participation in meetings, consultations and other Project activities may take place in person or online, subject to prior agreement with the Program Key Expert.