Options for strengthening capacity
Posted: Tue Jun 17, 2025 8:59 am
Article 12 of these Rules of Procedure, in matters of decision-making by written procedure, provides that the Commission's consent to a proposal from one or more of its members may be obtained if the proposal has been approved by the Legal Service.
Another function of the Directorate-General is to represent the Commission in legal cases and, in particular, in the Court of Justice of the European Union, which controls the legality of acts of the EU institutions.
Returning to domestic legal services, their powers also include representing the interests of the special database government in courts, contractual, explanatory, claim-based work, and interaction with law enforcement and regulatory authorities during the analysis of materials received from them.
Due to this range of functions, it is no coincidence that the head of the legal department has a significant influence on decision-making in our realities, although the position of lawyers does not always suit management or other stakeholders, which can cause tension.
A few examples: the head of the Central Executive Body wants to establish a patronage service, but according to the laws of Ukraine “On Central Executive Bodies” and “On Civil Service”, only persons who belong to politicians by their legal status have the right to have such services (with certain exceptions, if this is provided for by special laws). Or the head of a state body wants to appoint a person to a position without having all the results of their special verification, which is provided for by the Law of Ukraine “On Prevention of Corruption” (for example, a higher education diploma was obtained in another country and is being confirmed). In both cases, the legal service blocks the adoption of an unlawful decision with its conclusion/proposals, and this can lead to conflicts and even pressure. Hence the ambiguous attitude towards lawyers in state bodies - on the one hand, they are respected, on the other hand, they are criticized for their principledness and a large number of remarks in the pursuit of the ideal. Despite this, managers should understand the risks if lawyers formally approve draft decisions without thorough examination, because then responsibility is relayed to them as decision-makers (the principle of individualization of legal responsibility, enshrined in Article 61 of the Constitution of Ukraine, is not always applied equally in practice).
Another function of the Directorate-General is to represent the Commission in legal cases and, in particular, in the Court of Justice of the European Union, which controls the legality of acts of the EU institutions.
Returning to domestic legal services, their powers also include representing the interests of the special database government in courts, contractual, explanatory, claim-based work, and interaction with law enforcement and regulatory authorities during the analysis of materials received from them.
Due to this range of functions, it is no coincidence that the head of the legal department has a significant influence on decision-making in our realities, although the position of lawyers does not always suit management or other stakeholders, which can cause tension.
A few examples: the head of the Central Executive Body wants to establish a patronage service, but according to the laws of Ukraine “On Central Executive Bodies” and “On Civil Service”, only persons who belong to politicians by their legal status have the right to have such services (with certain exceptions, if this is provided for by special laws). Or the head of a state body wants to appoint a person to a position without having all the results of their special verification, which is provided for by the Law of Ukraine “On Prevention of Corruption” (for example, a higher education diploma was obtained in another country and is being confirmed). In both cases, the legal service blocks the adoption of an unlawful decision with its conclusion/proposals, and this can lead to conflicts and even pressure. Hence the ambiguous attitude towards lawyers in state bodies - on the one hand, they are respected, on the other hand, they are criticized for their principledness and a large number of remarks in the pursuit of the ideal. Despite this, managers should understand the risks if lawyers formally approve draft decisions without thorough examination, because then responsibility is relayed to them as decision-makers (the principle of individualization of legal responsibility, enshrined in Article 61 of the Constitution of Ukraine, is not always applied equally in practice).