Constitutional Justice in Wartime Ukraine
LBI-GMR Fellow Nazarii Stetsyk delivered a guest lecture on constitutional justice in Ukraine amid war for doctoral law students at the Vienna University.
On 11 April 2025 Nazarii Stetsyk, Guest Researcher at the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR), delivered a guest lecture for doctoral law students at the University of Vienna. The event was part of the Legal Lunch Seminar series, organized by the Ars Iuris Vienna Doctoral School, which aims to foster academic exchange on contemporary legal challenges.
Stetsyk’s lecture focused on a crucial and timely topic: the role and resilience of constitutional justice in Ukraine during wartime. He began by emphasizing that during states of emergency – especially amidst a full-scale war of aggression – state authorities are entrusted with the dual responsibility of preserving territorial integrity and political independence, while also upholding fundamental human rights and the rule of law. The central question he posed was whether Ukraine’s constitutional judiciary is effectively fulfilling this role under martial law.
Stetsyk provided the audience with a succinct yet insightful overview of constitutional justice in Ukraine, tracing its historical evolution and present-day challenges. He highlighted how the Constitutional Court of Ukraine has continued its work under extremely difficult circumstances, maintaining its institutional mandate despite the ongoing war.
The core of the presentation addressed the Court’s substantive activity since the onset of the full-scale invasion. Stetsyk discussed the number and nature of decisions issued by the Court, offering both quantitative data and qualitative analysis to illustrate the institution’s resilience and evolving jurisprudence.
A significant part of the lecture focused on the ongoing institutional reform of the Constitutional Court. Stetsyk examined the procedural aspects, especially those aimed at enhancing the transparency and integrity of the selection and appointment of judges. In this context, he highlighted the innovative and valuable contribution of the Advisory Group of Experts, a body introduced to ensure independent, merit-based evaluation of candidates. Composed of both national and international members, the Advisory Group plays a pivotal role in promoting professionalism, impartiality, and public trust in the judiciary. These reforms are essential not only for restoring confidence in the Court but also for aligning Ukraine with the legal and democratic standards of the European Union.
The presentation concluded with an optimistic message – despite the brutal reality of war, constitutional justice in Ukraine is showing promising signs of renewal. According to Stetsyk, this evolution fuels hope for Ukraine’s democratic future and its path to EU accession.
The session was further enriched by the participation of Judge Serhii Riznyk of the Constitutional Court of Ukraine, who is also a Professor at the Department of Constitutional Law at the National University of Lviv. His contribution underscored the institutional dedication to upholding constitutional justice even in times of profound national challenge amid the Russian war of aggression. The discussion was chaired by Dr. Julius Schumann.