Dovydas Vitkauskas: It is necessary to reduce case-loads to allow the Supreme Court to perform its role at the pinnacle of the judicial system

It is necessary to gradually build a system of admissibility of cases at the Supreme Court, to allow the court to focus only on serious legal issues, reduce the flood of cases before it, and focus on its main role to promote stability of the legal system through uniformity of practice.

This was stated by Team Leader of EU-Project “Pravo-Justice” Dovydas Vitkauskas at the international conference “Public service and administrative proceedings”, which took place at the Supreme Court today. He stressed, that the Supreme Court should entertain cases in the interest of the legal system, not in the interests of the parties.

“Looking at the incredible amount of administrative disputes in Ukraine, it appears that the country still has some line to draw in law and practice to institutionalise executive discretion. Separation of powers is a “two way street”, and the government should be relieved of excessive judicial control, in order to perform effectively.”

According to Dovydas Vitkauskas, merits-based appointments and other career decisions is a big trend in the Ukrainian public service, fostering transparency and accountability. At the same time, questions remain to what extent “technocratisation” of various selection processes should replace discretion? What is the scope and extent of “reasonable” discretion? Ukrainian administrative courts increasingly will have to become experts in testology and other management techniques.

“The scope and extent of human rights and fundamental freedoms of public servants is another delicate issue, where the law and practice in Ukraine is not yet settled. The administrative courts should, above all, serve as guardians of the interest of greater transparency and publicity of the operations of the public service in particular, and the State in general", said Dovydas Vitkauskas.