[New project] Advancing the rule of law in Ukraine: strengthening the judicial system and freedom of expression

The Asser Institute has been granted a subsidy from the Netherlands Ministry of Foreign Affairs to start a new MATRA project aimed at bolstering Ukraine’s rule of law and media freedom as the country continues its path toward EU accession. The project, co-implemented with the Center for International Legal Cooperation (CILC) will focus on enhancing the fairness and transparency of Ukraine's judicial system while strengthening protections for media freedom and freedom of expression. 

Three years after the full-scale invasion by Russia, the project comes at a crucial time for Ukraine, which has been implementing significant reforms in line with EU requirements while facing unprecedented challenges due to the ongoing conflict.

Since the Revolution of Dignity in 2014, the country undertook important reforms to its legal system to align with the principles of the rule of law, strengthen judicial independence and accountability and to set up independent anti-corruption bodies. The attainment of the EU candidate status in June 2022 was another trigger for reform, guiding Ukraine’s rule of law priorities today: reforming the key judicial bodies and modernising legal education.

Despite its progress in recent years, the country's justice sector is under significant pressure and continues to grapple with issues of operational efficiency and public trust, particularly as courts are forced to deal with increased caseloads and relocations due to security concerns because of the armed conflict with Russia. 

"This new project is supporting Ukraine's democratic transition and EU integration process," says Christophe Paulussen, acting chair of the executive board and academic director of the Asser Institute. "By focusing on both judicial reform and freedom of expression, we're addressing two fundamental pillars of democratic society that are especially crucial during these challenging times."

Eric Vincken, Deputy Director, Center for International Legal Cooperation says: 

“As Ukraine continues its path toward EU integration amid the ongoing conflict, transparent and effective communication from the judiciary towards society is more crucial than ever. Through the new MATRA project, the Center for International Legal Cooperation is proud to support Ukrainian courts in strengthening their public outreach, crisis communication, and institutional structures. Enhancing trust in the judiciary is essential for resilience and democratic progress, and we are excited to contribute to this vital effort.” 

Supporting the judiciary: fairness and transperency
The initiative, led by Asser Institute researcher Gabriele Chlevickaite, will deliver advanced training programmes for judges, prosecutors, and law enforcement officials, with particular emphasis on fair trial standards, court communication practices, and the use of artificial intelligence for legal purposes. In collaboration with the National School of Judges and other Ukrainian project partners, judicial trainings on fair trial rights, communications, and freedom of expression will help equip the judiciary with the necessary skills to uphold justice while maintaining open and effective communication with the public. Civil society will be supported in further developing trial monitoring expertise.

A key innovation of the project is its comprehensive approach to access to justice, especially for displaced populations and those in de-occupied territories. Special attention will be given to developing strategic advice for courts dealing with displaced individuals, de-occupied territories and relocated courts, unique challenges posed by the conflict. Workshops will be organised with local civil administration, civil society, and legal actors to improve access to justice for relocated populations and courts. 

Free and protected media
Likewise, another pillar of democratic society, free media, is challenged by legal and practical obstacles, including martial law, restrictions on pluralism, and inadequate legal protections against intimidation and abuse. The project will focus on increasing the knowledge and abilities of law enforcement bodies and the judiciary to protect journalists and media organisations from abuse, and creating spaces for dialogue between legal actors and media representatives. Open spaces for discussion between these stakeholders are critically lacking, and will support the development of shared strategies to support free press.

The project will operate at national, regional, and local levels, fostering collaboration between judicial management, courts, prosecutorial bodies, media organisations, and civil society groups. This multi-stakeholder approach aims to build lasting institutional capacity and promote sustainable reform in Ukraine's legal system. 

Implementation will begin immediately, with initial activities focused on conducting needs assessments and establishing key partnerships with Ukrainian judicial institutions and civil society organisations. 

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The 2020-2024 MATRA project ''Strengthening Ukraine’s Capacity to Investigate and Prosecute International Crimes" was a joint initiative of the T.M.C. Asser Instituut and Global Rights Compliance. The project assisted the newly created War Crimes Unit in Ukraine to investigate, prosecute and seek remedies for international crimes. Alongside supporting the Office of the Prosecutor General, the team delivered vital technical and strategic expertise to other criminal justice entities, such as judges and lawyers, civil society organisations and journalists. The final conference of the MATRA-Ukraine project took place on 19 November 2024 in The Hague and online, marking 1000 days since Russia’s full-scale invasion of Ukraine. Bringing together Ukrainian, Dutch, and international actors, the event reviewed progress in investigating, prosecuting, adjudicating, and reporting on international crimes in Ukraine since the projects’ start in 2020. Christophe Paulussen, acting chair of the executive board and academic director of the T.M.C. Asser Instituut, highlighted key takeaways: managing expectations and prioritising cases, including those involving children; ensuring child-sensitive, victim-centred, and trauma-informed approaches in Ukraine; monitoring in absentia trials for fairness; and strengthening the defence’s quality and expertise to uphold fair conflict-related prosecutions. Read more.