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Article Peculiarity of Judicial Independence Standards Under Negotiation Chapter 23 of EU Acquis “Judiciary and Fundamental Rights” as the Key to EU Membership
Authors BOHDAN VESELOVSKYI
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7 / 2024
Pages 41 - 54
Annotation

The judiciary is the fundamental basis of democratic governance and the rule of law, vital for maintaining public order, protecting human rights and ensuring the effective functioning of the public apparatus. For countries seeking to join the European Union, the harmonization of their judicial system with EU norms and standards, which are defined in the special negotiation Chapter 23 of the EU acquis, is mandatory. 
This article aims to analyze the main standards of independence of the judiciary, set out in Chapter 23 of the EU acquis, clarifying their decisive role in the process of accession to the EU. It also examines the main body of practice of the Court of Justice of the EU, which is presented for study by candidate countries during the official screening process. This analysis aims to offer a comprehensive understanding of the transformation processes and challenges facing candidate countries in their quest to meet these stringent standards. 
The article outlines the specific requirements and criteria for the independence of judges in the EU, which emphasize the need for significant reforms in candidate countries for EU accession. It demonstrates the paramount importance of an independent and effective judiciary to ensure EU membership and illustrates the wider objectives of promoting democracy, human rights and the rule of law within the Union.
 Adherence to the judicial standards of Section 23 and the practice of the Court of Justice of the European Union regarding the main basic principles and principles of an independent judiciary is a necessary condition for joining the EU and contributes to the creation of a single and fair European Union. Special attention is emphasized to the integral nature of judicial reform and the unwavering commitment of the candidate countries to bring their judicial systems into compliance with EU requirements. 
 

Keywords judiciary; rule of law; EU acquis; negotiation chapter 23; EU membership; European integration
References

Bibliography
Journal articles 
1.    Vladyshevska V, ‘Ponyattia mizhnarodnykh standartiv u sferi pravosuddia: osoblyvosti terminolohii ta klasyfikatsii’ [2016] 3 Yurydychnyi visnyk [Legal Bulletin] 47–50. 

Theses
2.    Dice E, ‘The Principle of Non-Regression Rule of Law in the EU’ (Dissertation, 2023) <https://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-218933> (accessed 27.07.2024).
 

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