The role of judicial argumentation in reforming of Ukraine’s judiciary: EU membership perspectives

Abstract

The article reflects the impact of judicial argumentation on the process of reforming the judicial system of Ukraine during Ukraine’s integration into the European Union. In addition, the article points out some structural elements of the influence of judicial argumentation in the course of Ukraine’s EU-integration.This paper emphasizes the essential participation of European institutions in raising the quality level of judicial argumentation in Ukraine. These institutions can be divided in two big groups: EU-based organizations (European Commission, Eurobarometer, European Commission for the efficiency of justice (CEPEJ), Court of Justice of the European Union) and the organizations in the Council of Europe (European Court of Human Rights, the Venice Commission and the Consultative Council of European Judges (CCJE)). Moreover, the author gives examples when Ukrainian judicial institutions raise the need to enhance the quality of judicial argumentation.