October 29, 2025
On October 24–25, 2025, the Ukrainian Catholic University (Lviv) hosted an international conference entitled “The Rule of Law in the Age of Populism: Freedom of Speech and the Right to a Fair Trial,” which brought together leading Ukrainian and European judges, scholars, and experts in the field of justice. The event was organized by the Supreme Court in cooperation with the Council of Europe and the OSCE Support Program for Ukraine.
During the discussion “Media and the Judiciary: Respect, Responsibility, Restrictions,” Judge Galyna Yurovska of the Constitutional Court of Ukraine emphasized that even in the most difficult periods – during war or crisis situations – the Constitution of Ukraine remains a guide for the state and society. The judge stressed that the Constitutional Court of Ukraine, as the guardian of the Basic Law, is called upon to ensure a balance between national security interests and the protection of human rights, particularly during a period of martial law.
“The Constitution guarantees the right to freedom of expression and the right to access to the courts. These two rights are equally important in a democratic society, so mechanisms for cooperation between the courts and the media must be established. The courts and the media must become partners, based on the mission that both the courts and the media perform in a democratic society,” the speaker added.
Galyna Yurovska emphasized that in times of crisis or war, the legal system and the judiciary must demonstrate institutional stability. She stressed that even when restrictions on rights are imposed (for example, due to a state of emergency or martial law), the right of access to court cannot be restricted under any circumstances. The judge recalled the key constitutional guarantees: the rule of law, the independence of judges, and ensuring access to justice, even in the face of modern challenges.
The second day of the conference was devoted to the topic of populism as a challenge for the judiciary. The session “Populism as a threat to the rule of law: the judicial dimension” was moderated by Judge of the Constitutional Court of Ukraine Oleksandr Vodyannikov.
He noted that populism has become one of the greatest threats to modern democratic society. Unlike authoritarianism, which openly rejects democratic institutions, and true democracy, which is based on the separation of powers and respect for human rights, populism operates from within the system, exploiting public emotions and expectations of “simple solutions.”
The discussion covered the following fundamental topics:
• populism as a contemporary phenomenon, analysis of the nature of populism, its differences from other political systems, and specific threats to justice;
• collective trauma of war and populism, which included research on the relationship between the military trauma of society and the rise of populist sentiments in the judicial sphere;
• institutional and legal guarantees of judicial independence as mechanisms for protecting the judiciary in a post-conflict society and ways to restore public trust.
“Contemporary history shows that after populists come to power, the first target of their attacks is the judicial system, primarily the supreme and constitutional courts. In a true democracy, courts act as safeguards, ensuring that socially important decisions are made through dialogue and compromise that takes into account the interests of both the majority and the minority. In a populist regime, however, decisions are imposed, and that is why the courts become the first target of attacks,” emphasized Oleksandr Vodyannikov.
The participants of the event noted that populist approaches based on simplistic solutions and manipulation of public opinion are particularly dangerous in countries experiencing the trauma of war. In such conditions, society becomes more vulnerable to emotional messages and less tolerant of complex but necessary reforms.
The conference in Lviv became a platform for honest and open dialogue on how to preserve the rule of law in the face of military challenges, information wars, and social transformations. The speeches of the judges of the Constitutional Court of Ukraine confirmed the active participation of Ukrainian constitutional jurisdiction in international professional discourse and its shared responsibility for the establishment of democratic standards in Europe.
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