Defending Democracy: Ukraine’s EU Path amid War and Reform

Ukraine’s movement towards EU membership has been marked by considerable reform efforts amid the ongoing challenge of Russia’s invasion. Its ratings in several leading democracy indices had improved by 2024. The European Commission’s Ukraine 2024 Report accompanying its Communication on Enlargement Policy published last October offers a comprehensive review of the country’s advances towards meeting the accession criteria. It acknowledges Ukraine’s significant progress, but it also reveals critical gaps in addressing corruption, democratic transparency, and press freedom. The context of war and martial law has also led to changes that weaken oversight mechanisms and increase opportunities for corruption, impacting legislative and judicial integrity. This affects democratic transparency and public trust in government. Exacerbated by the existential threat Ukraine faces, these challenges present obstacles to its EU accession process. And addressing them is also paramount for strengthening its democratic foundations against Russian influence.

Political reform and the rule of law

The European Commission’s report recognises Ukraine’s achievements in political reform and the rule of law, pointing to key areas of improvement. It finds that the country has made notable progress in implementing reforms aimed at strengthening judicial independence and curbing political interference in the judiciary. These constitute a significant step forward in meeting the EU accession criteria, as an impartial judiciary is foundational to the rule of law. For instance, the creation of the Public Integrity Council in 2023 has allowed for greater civil society participation in assessing judges’ integrity. The report also applauds Ukraine’s initiatives to combat corruption and organised crime, noting recent strides in the anti-corruption infrastructure. Reforms in public administration and civil service are further acknowledged as positive steps towards creating a transparent, merit-based system that reduces the influence of corruption and nepotism. These changes are crucial for building a trustworthy public administration aligned with EU standards. The ability to pursue such reforms even while under the pressure of war demonstrates Ukraine’s commitment to democratic values.

The fact that Ukraine has managed to pursue these reforms while fighting back against Russia’s invasion is commendable, yet sustained effort is necessary to ensure their effectiveness in the face of ongoing challenges.

The European Commission’s report understates the persistent influence of corruption. Corruption remains pervasive and is used by different actors to achieve substantial influence over political and economic structures. This deep-rooted problem affects the country’s rule-of-law commitments and the sustainability of judicial reforms. The arrest of the head of the Supreme Court on bribery charges in 2023 demonstrated progress in tackling high-level corruption but also the ongoing challenges in the judicial system. Despite the recent reforms, corruption remains entrenched in the judiciary and legislative bodies, challenging efforts to improve their impartiality and accountability. Reports of bribes, interference, and undue influence persist, posing obstacles to judicial transparency. The European Commission’s 2024 report rightly notes that more needs to be done to “address systemic corruption in most relevant sectors and institutions”. However, it mainly proposes to improve Ukraine’s record on high-level corruption cases rather than identifying measures to tackle its systemic nature of corruption, which would make citizens less vulnerable and more empowered to reject corrupt practices.

Since Russia’s full-scale invasion, the access of media and civil society to the parliament has been strictly limited for security reasons. This restricts independent scrutiny of parliamentary actions, raising concerns about accountability and transparency. In September 2022, the parliament adopted a resolution banning live broadcasts of its sessions during martial law. Since then, only the state-run Rada TV “has been allowed to broadcast the legislature’s plenary sessions, with a delay of at least several hours”. The government justifies this as necessary for security, but the measure effectively disrupts real-time oversight of parliamentary processes. This limitation, when coupled with corruption risks, raises concerns about the transparency of, and the potential for unchecked influence in, decision-making.

In January, the parliament adopted by a large majority Law No 11321 on “Strengthening Certain Guarantees for the Activities of Media, Journalists, and Citizens on Access to Information”. This provides for some sessions of parliamentary committees to be open to media personnel and the public. The law gives journalists the right to freely access the premises of governmental authorities, to attend public events held by these, to be included in events conducted via videoconference, and to be personally received by officials and staff within reasonable timeframes. However, at the time of writing, the president had not signed the law, and journalists still do not have access to the parliament.

Access restrictions may be justified by wartime exigencies, but they also impede the rule of law and erode public trust, while martial law complicates anti-corruption efforts. Finding a balance between valid security concerns and democratic oversight is essential for Ukraine’s long-term democratic resilience. Despite the war and its many challenges, addressing these issues is essential for building a democracy resilient enough to withstand internal corruption and external threats.

Fundamental rights

The European Commission’s report notes progress in several areas of Ukraine’s efforts in securing fundamental rights. The adoption of anti-discrimination policies and protections for vulnerable groups has been an important step towards aligning with EU standards. Measures to ensure gender equality and to protect minority rights indicate the country’s commitment to inclusivity. The report also commends Ukraine’s attempts to support media freedom and civil society.

However, while these improvements align with EU values, corruption and restrictions on access to information create barriers to fundamental rights, not least that to information, which is crucial for the exercise of public oversight. The report does not sufficiently address the difficulties journalists face, particularly with the heavy restrictions on media freedom under martial law. Recent pressures on journalists have included intimidation, harassment, and censorship. For example, in April 2024, the investigative journalist Yevheniy Shulhat received a summons to be drafted into the military in apparent retaliation for an investigation he was working on.

Civil society organisations have also voiced concerns about the government’s lax implementation of several judgments of the European Court of Human Rights in relation to violations of Article 10 of the European Convention on Human Rights on freedom of expression, while the parliament commissioner for human rights has reported a significant increase in the number of complaints regarding violations of the right to access public information (from 1,370 in 2022 to 3,957 in 2023).

Draft Law No 7033-D “Regarding Prevention of Disclosure of Certain Information in the Texts of Court Decisions” proposess to restrict access to the court register. This would hinder the ability of journalists and civil society to report on cases of public interest, particularly those concerning national security and martial law. Critics argue it could prevent necessary public scrutiny and provide cover for corruption within the judiciary, eroding confidence in judicial independence and transparency. A statement by numerous civil society organisations in 2023 warned: “Restricting access to court decisions will set Ukraine back decades in the democratic progress – to the level of Russia and Belarus – and pose a danger to the further process of integration into the European Union”. Similarly, there is criticism of Draft Law No 8359 “Regarding Ensuring the Conduct of a Court Session in the Event of Impossibility of Its Full Recording by Technical Means in Conditions of War or a State of Emergency”. This would allow making recording of court sessions selective, which would effectively let judges determine when records are kept. This risks concealing misconduct and perpetuating corruption, particularly if high-profile cases are shielded from public view.

Reports in 2024 of surveillance, intimidation, and physical threats against journalists also suggest a disturbing trend. Under martial law, the authorities can requisition or control assets, including media outlets, deemed critical to the war effort. However, the lack of clearly defined criteria for such actions has sparked widespread concern that these powers could be exploited without sufficient justification or accountability mechanisms to obstruct the work of investigative journalists playing a crucial role in exposing abuses of power.

The fact that Ukraine continues to prioritise fundamental rights while facing an existential threat is welcome and crucial for maintaining societal cohesion. While the security situation necessitates some restrictions, maintaining a vibrant and free press is essential for the country’s democratic resilience and ability to counter Russian disinformation. Protecting journalists and ensuring thorough investigations of crimes against them is essential for maintaining a press capable of holding power to account. The same applies to maintaining a level of judicial transparency, which is needed for building public trust and ensuring accountability. Addressing these issues, even under the extraordinary circumstances of war, is crucial for building a democracy capable of withstanding internal and external threats.

The impact of corruption on EU accession progress

Corruption remains one of the most significant obstacles to Ukraine’s EU accession. While the European Commission’s report acknowledges anti-corruption reforms, it does not fully address the structural challenges that prevent their effective implementation. Entrenched corruption hampers Ukraine’s progress on the accession criteria regarding political reform, the rule of law, and fundamental rights set by the EU. Its impact is felt across the judiciary, public administration, and the media.

Despite reforms, corruption continues to undermine the integrity of public administration, creating an opaque system resistant to meritocracy. Nepotism, cronyism, and favouritism are still common, particularly in areas where oversight is limited. Citizens’ perception of government corruption erodes public trust and weakens Ukraine’s ability to present itself as a reliable EU candidate. The courts remain susceptible to bribery and political interference that hamper their independence. This undermines the rule of law. Additionally, proposed laws that would limit judicial transparency may create more opportunities for corrupt practices that further undermine judicial integrity. The government has increased military spending but procurement processes lack the necessary transparency. Emergency powers under martial law give the authorities flexibility in resource allocation, which can lead to unmonitored financial practices. In September 2024, Draft Law No 11520 “on Public Procurement” passed its first reading in parliament. It aims at improving public procurement rules in line with EU standards. However, the text describes the new procedures only in very general terms, raising questions about how they will be implemented. The Cabinet of Ministers would also been granted extensive authority to determine what should be procured under the new procedures, which has raised major concerns as it could lead to excessive government intervention in the procurement process.

Another contentious piece of legislation, Draft Law No 12089 “on Strengthening the Protection of the Rights of a Good Faith Purchaser”, which contains significant corruption risks, is being prepared for its second reading in parliament. Unscrupulous property developers are reportedly lobbying for this law, which appears to serve the corrupt interests of big business. The civic initiative Holka found evidence of a widespread campaign on Telegram channels, before the first reading, seemingly aimed at persuading members of parliament to back it. The influence of this campaign extended beyond social media. Several national media outlets were also implicated, with suspicion that their editorial stance may have been compromised by owners with ties to the property-development sector. Furthermore, the Anti-Corruption Action Centre, a civic organisation that brought attention to the law’s corruption risks, faced attempts to undermine its credibility through targeted campaigns on Telegram.

Without rigorous oversight, corruption risks are heightened, potentially diverting resources from where they are needed most and undermining democratic accountability. While the security situation necessitates some flexibility, maintaining transparency in spending and allocations is key for the effective use of resources, such as in Ukraine’s defence.

Implications for EU accession

Ukraine’s continued struggle with corruption, alongside restrictions on parliamentary and judicial transparency, all made worse by the war, presents a complex barrier to its EU accession. Addressing these challenges is crucial not only for the country’s progress towards EU membership but also for strengthening its democratic resilience against external threats. Corruption and restrictions on transparency damage public trust, a cornerstone of democratic governance. Without access to reliable information, citizens cannot hold their government accountable, which is essential to meeting the EU’s accession criteria.

EU standards on the rule of law require an impartial and corruption-free judiciary. Judicial transparency and independence are central to this but ongoing corruption in Ukraine’s courts, compounded by restrictive legislative proposals, pose a challenge to these principles.

Independent media are instrumental in exposing corruption, yet pressures on journalists and reductions in press freedom hinder democratic scrutiny. Without a free press, the public lacks a critical tool for investigating and reporting abuses of power, impairing progress in a dimension of democracy that is fundamental to EU membership.

Martial law complicates efforts to combat corruption. Emergency powers and reduced transparency in government spending open doors to corruption, risking the misuse of funds and erosion of accountability.

Even in wartime and under the constraints of martial law, tackling corruption, maintaining transparency, building a judiciary capable of upholding the rule of law, and protecting press freedom are essential for building a democracy that meets the EU accession criteria. Security is a legitimate priority, but it must be balanced with the integrity and transparency of institutions to prevent long-term damage to Ukraine’s democratic structures. What is more, finding this balance is also essential for the country’s ability to defend itself effectively.

Recommendations

To address these concerns and improve Ukraine’s EU accession prospects, while recognising the extraordinary challenges posed by the war, the following recommendations are made.

• Enhance anti-corruption mechanisms: Ukraine should reinforce its anti-corruption agencies, ensuring they are independent, well resourced, and free from political interference. Greater transparency in public procurement processes is essential, particularly under martial law, to reduce opportunities for corruption. Measures should be taken to tackle the systemic nature of corruption; for example, through addressing underlying fiscal, managerial, or institutional dysfunction.
• Increase judicial transparency and independence: Ukraine should review and reconsider laws that limit judicial transparency. A robust, transparent judiciary is essential to public trust. Further, measures to reduce political influence and corruption within the judiciary should be prioritised.
• Strengthen protections for journalists and press freedom: Journalists play a vital role in uncovering corruption: protecting them from intimidation and harassment must become a priority. Swift and thorough investigations of crimes against journalists should be implemented, with serious consequences for those found guilty of such acts. A free press is essential not only for democratic oversight but also for countering Russian disinformation campaigns.
• Enhance legislative transparency: Ukraine should consider adopting a hybrid model of parliamentary access that balances security concerns and the importance of public access to legislative proceedings, possibly through live broadcasting. This would foster public engagement and transparency without compromising safety.
• EU monitoring and support for anti-corruption reforms: Enhanced cooperation between the EU and Ukraine on anti-corruption measures, including those addressing the systemic nature of corruption, would help ensure reforms are effectively implemented and sustained. The EU should provide additional resources, expertise, and monitoring to support Ukraine in meeting its anti-corruption goals, especially given the unique challenges posed by the war.
• Create civil society platforms: Establishing formal platforms for dialogue between government officials, civil society, and journalists would foster transparency and trust. These would help balance security needs with democratic values by enabling open discussions on proposed legislative changes and their potential impact. Maintaining civil society engagement, even in wartime, is crucial for democratic resilience.
• Affirm commitment to transparent governance: Ukraine’s leadership should clearly affirm the temporary nature of restrictions on transparency and media access under martial law, with defined timelines and criteria for lifting them before the end of martial law. This would ease citizens’ concerns about potential democratic backsliding and demonstrate Ukraine’s commitment to democratic values even while defending itself against Russia’s invasion.

Conclusion

Ukraine’s battle against corruption and its efforts to balance security and democratic integrity in the context of war and martial law present significant challenges for its aspiration to join the EU. These challenges are exacerbated by the existential threat from Russia’s invasion and addressing them is crucial for progress towards eventual membership.

While the European Commission’s latest report recognises Ukraine’s strides forward, it also reveals persistent issues that must be tackled to meet the accession criteria on political reform, the rule of law, transparency, and fundamental rights. Corruption, combined with restrictions on press freedom and judicial transparency, poses a barrier not only to the country’s EU membership. The commitment to eradicating corruption, safeguarding judicial independence, and preserving media freedom – even in wartime – is also essential for building a democracy capable of withstanding internal and external threats. The path forward is challenging but Ukraine’s commitment to democratic values, even in the face of war, is a testament to its determination and rightful place as a future EU member state.

 

Authors

 

Photo credit: © alimyakubov, Adobe Stock