Judicial Autonomy Under Pressure: A Critical Analysis of Internal Independence in Administrative Courts

Abstract This study presents a holistic examination of internal judicial independence within Ukraine’s administrative courts amidst ongoing judicial reform challenges. Through an analysis of European Court of Human Rights jurisprudence and domestic administrative justice practices, the research investigates various forms of influence on judicial independence, categorizing them through a four-dimensional framework: manifestations, actors, implementation methods, and frequency patterns. The investigation particularly focuses on systemic threats to judicial autonomy, including unofficial relationships among judges and hierarchical oversight practices. Drawing from High Council of Justice appeals, the research identifies key patterns of improper influence and proposes corresponding preventive measures. The findings emphasize the necessity for an integrated approach to strengthening judicial independence within Ukraine’s reform context, encompassing both legislative improvements and institutional safeguards. The study also establishes a clear correlation between judges’ internal independence and public trust in Ukraine’s judicial system.

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Publication Details

Journal
Baltic Journal of Law & Politics
Published
2025-12-01
DOI
https://doi.org/10.2478/bjlp-2025-0014
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Judicial Autonomy Under Pressure: A Critical Analysis of Internal Independence in Administrative Courts

Ivan Kravchenko, Natalia Savytska, Yurii Momot
Baltic Journal of Law & Politics
Ukrainian Legal and Forensic Studies
article

Judicial Autonomy Under Pressure: A Critical Analysis of Internal Independence in Administrative Courts

Ivan Kravchenko, Natalia Savytska, Yurii Momot
article en

Abstract

Abstract This study presents a holistic examination of internal judicial independence within Ukraine’s administrative courts amidst ongoing judicial reform challenges. Through an analysis of European Court of Human Rights jurisprudence and domestic administrative justice practices, the research investigates various forms of influence on judicial independence, categorizing them through a four-dimensional framework: manifestations, actors, implementation methods, and frequency patterns. The investigation particularly focuses on systemic threats to judicial autonomy, including unofficial relationships among judges and hierarchical oversight practices. Drawing from High Council of Justice appeals, the research identifies key patterns of improper influence and proposes corresponding preventive measures. The findings emphasize the necessity for an integrated approach to strengthening judicial independence within Ukraine’s reform context, encompassing both legislative improvements and institutional safeguards. The study also establishes a clear correlation between judges’ internal independence and public trust in Ukraine’s judicial system.

Baltic Journal of Law & PoliticsVol. 18(2)
Sumy National Agrarian University (UA), United States Courts (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 9%
Ukrainian Legal and Forensic Studies
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