Rolf
Holmboe
Head
EU
Advisory Mission (EUAM) Ukraine
Kyiv, Ukraine
Rolf.HOLMBOE@euam-ukraine.eu
The European Council’s decision in December 2023 to open negotiations on Ukraine’s accession to the EU is nothing less than historic. Ukraine is still reeling from Russia’s full-scale aggression and is fully engaged in decisively repelling it. On this backdrop the decision reflects the strong will of the Ukrainian Government and people to become member of the European Union as soon as possible. It also reflects the strong resolve on the side of the European Union to counter Russia’s blatant aggression and see Ukraine fully embedded in the Union.
Ukraine must now embark on a comprehensive process of aligning to European legislation and standards covering a wide range of negotiation chapters grouped in six “clusters”. In Cluster 1 of the so-called “fundamentals” (encompassing among others the rule of law, justice, freedom, and security), the reform of the civilian law enforcement sector plays a central role.
The road to deep and sustainable reform will not be easy, but it will bring Ukraine fully out of its past and into the European family. The most impressive thing is that civilian law enforcement agencies (LEA) will be engaging in these reform processes even as they are sending units and thousands of officers to assist in fighting the war, have to engage in investigating the vast number of war crimes committed by Russia in Ukraine, and have to deploy thousands of officers to stabilize areas as they become liberated from Russian occupation.
Ukraine adopted already in May 2023 an Overarching Strategic Plan for the Reform of the Entire Law Enforcement Sector (OAS) and will in 2024 start implementing an Action Plan to reach its strategic objectives. This process covers all the civilian security agencies including notably the Police, the National Guard, the Security Service, and the Border Guard Service.
If implemented in full and as planned, the effect will transformational and will be a considerable step towards getting Ukraine ready for EU accession.
It will modernize the agencies, increasing their effectiveness and efficiency through digital transformation and a result-oriented management system focussing on setting priorities and achieving results.
It will strengthen the rule of law by reforming the criminal justice system, ensuring compliance with international standards and rule of law principles.
It will lessen the distance between LEA and the population and make the agencies open for scrutiny by civil society and the public by strengthening openness and transparency of the agencies.
It will build accountability and independence of the institutions, both through introducing internal control mechanisms, by ensuring that they can function independently of political or other pressure, and by institutionalizing external democratic oversight.
And it will help to delineate the competencies between various agencies, avoiding overlaps and exploring synergies through improved interagency interoperability. As one example, the implementation of the Integrated Border Management Strategy and Action Plan will strengthen the interoperability and the operational coherence between the agencies responsible for various aspects of border operations, such as Customs, Border Guards, and the Migration Service.
A reformed, more transparent civilian security sector with stronger internal control and external oversight mechanisms and procedures will not least be a major step towards underpinning the fight against corruption. Corruption must be fought by strong political leadership and resolve top down through Ukraine’s dedicated anti-corruption agencies, in particular NABU and SAPO (the National Anti-Corruption Bureau and Specialised Anti-Corruption Prosecutor’s Office respectively), but it must also be entrenched at all levels in all institutions and work bottom-up to become really effective. Ukraine has adopted crucial directives such as the National Anti-Corruption Strategy and State Anti-corruption Program. The implementation of groundbreaking IT tools such as the Unified Whistleblowing Portal, the Anti-Corruption Program Implementation Monitoring System, and the re-opening of the e-declaration register showcase Ukraine's commitment to transparency and accountability. Now is the time to build anti-corruption into the very systems of the agencies. Systems of accountability, of external and internal control measures, and systems transparency systems are key to this. Now is also the time to work hard to change hard the very mentality that allows corruption to thrive.
The European Commission and the European Union Advisory Mission Ukraine (EUAM) are key partners for Ukraine and Ukrainians to achieve their goal – EU membership as soon as possible. EUAM will strengthen its support to Ukrainian partners in implementing the OAS, but in the end, it will be the Ukrainian resolve to implement the necessary reforms to the full that will set the pace towards EU membership!