Ensuring the Internal Independence of Administrative Court Judges: Security and Education

The independence of the judiciary is a fundamental element in ensuring the rule of law and the effective functioning of the judicial system in a democratic society. However, the implementation of this principle often faces numerous challenges and requires constant improvement of the mechanisms for its realization. This article is dedicated to examining the key directions for optimizing the foundations of internal judicial independence in administrative courts in Ukraine, considering the current socio-political context and the realities of the judicial branch’s functioning. The study presents proposals for enhancing the measures to ensure the internal independence of the judiciary in Ukraine’s administrative courts. These proposals are based on a thorough analysis of systematized and summarized empirical data from annual reports on the state of adherence to the principle of judicial independence from 2017 to 2023, documentation from Transparency International Ukraine, and a critical examination of other analytical materials, judicial decisions of the High Qualification Commission of Judges, and normative acts of the High Council of Justice. One of the priority directions for improvement identified is the development of an institutional system for ensuring the protection and safety of judicial activity, especially under martial law. The important role of the Judicial Security Service in creating a secure environment for the independent administration of justice by the judiciary, free from external pressure and threats to life and health, is emphasized. The legal aspects of the administrative and legal status of this law enforcement body, its structural organization, the range of its powers, and the specifics of its activities in conditions of armed conflict are analysed. The second key direction for optimizing the foundations of internal judicial independence is identified as the institutional support of the judicial education system as an integral element in forming a highly professional, independent, and competent judiciary. The urgent problems and challenges in this field, as well as the conceptual role and practical activities of the National School of Judges of Ukraine in adapting training programs to the current realities of the judicial system’s functioning, particularly those related to the armed conflict and the implementation of international humanitarian law standards, are highlighted. The article emphasizes that only a comprehensive approach that combines institutional security measures for judges and high-quality judicial education can ensure the proper functioning of the judicial system and the full realization of the principle of internal judicial independence in Ukraine. Consistent efforts in these directions will contribute to establishing a high level of public trust in the judiciary and the rule of law in the state.