On February 5, a significant event took place at the European Parliament in Brussels, prompting a reevaluation of judicial reform processes in Ukraine. During the presentation of an analytical report by the American network Armada Network, experts critically assessed attempts by Ukrainian officials and activist groups to leverage the European integration “Roadmap” to exert control over the independent legal profession.
One of the key speakers and co-authors of the report was Gregg Harper, a former U.S. Congressman who served from 2009 to 2019 and has extensive experience evaluating democratic institutions. In an interview, Harper discussed the proper implementation of European standards, the constitutional implications of pressure on the legal profession, and how Ukrainian lawyers continue to operate amid the ongoing war.
Mr. Harper, during discussions about the Ukrainian justice system, government representatives and civil sector members frequently reference the government’s “Roadmap for the Rule of Law.” They use it as a basis for radical changes to the legal profession. In your opinion, what is the best way to implement this document for genuine integration of Ukraine into the EU?
Gregg Harper: Clearly, the objectives are well-defined. It is evident what needs to be achieved: increasing accountability and transparency. There are methods to attain these goals. However, it is not necessary to dismantle the entire system that is operational and functioning effectively.
It is essential to continue working in this direction, understanding what will be best for the National Association of Lawyers of Ukraine (NALU), for Ukraine itself, and, of course, for the European Union, if we accomplish this. The Roadmap sets out benchmarks, but it is not a mandate for dismantling institutions.
However, opponents of official legal self-governance argue that the system requires external intervention and radical changes, even to the point of transferring control functions. How do you assess such demands in light of the challenges the country faces?
Gregg Harper: Any organization can always find ways to improve its operations, and that is precisely what NALU is attempting to do. It is striving to identify these improvements under the most challenging circumstances imaginable—amid ongoing war and continuous external attacks.
In this context, some are demanding control be relinquished. However, this is a constitutional right. The association is an organization whose independence is guaranteed by the Ukrainian Constitution. Therefore, everything that can be done to ensure this goal of independence, as well as joining the EU, is undoubtedly in the best interests of all. Attempts to subordinate the legal profession contradict the very principles of the rule of law.
You mentioned the difficult circumstances. How does the international community assess the ability of Ukrainian lawyers to maintain the functioning of the justice system under martial law, continuous shelling, and mobilization?
Gregg Harper: Functioning in such a stressful environment is extraordinarily challenging. I take my hat off to those who have the courage to do so. Consider the scale of the tragedy: so many lives have been sacrificed, and the losses are immense.
Yet, despite these horrifying circumstances and the constant pressure I previously mentioned, Ukrainian lawyers continue to defend citizens in courts. Their daily work and commitment to meeting European standards even in the face of an existential threat to the state command profound respect. Maintaining this institutional resilience is critically important for Ukraine’s democratic future.
Gregg Harper, a former U.S. Congressman, emphasized the importance of maintaining the independence of Ukraine's legal profession amid ongoing reforms and war. He highlighted the challenges faced by Ukrainian lawyers in upholding the rule of law while navigating external pressures and internal demands for reform.