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Ursula von der Leyen has called Volodymyr Zelenskyy to express her “strong concerns” and demand “explanations” over a new law that weakens the independence of two of Ukraine’s anti-corruption agencies: the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialised Anti-Corruption Prosecutor’s Office (SAPO).
Under the legislation, approved by the Ukrainian parliament on Tuesday and signed by Zelenskyy hours later, the two agencies are brought under the direct oversight of the prosecutor general, who is a political appointee.
The prosecutor general will be allowed to select cases handled by NABU and SAPO and reassign them to other state entities, which critics say risks empowering the executive branch to sway investigations, particularly high-profile ones.
“President von der Leyen conveyed her strong concerns about the consequences of the amendments, and she requested the Ukrainian government for explanations,” a Commission spokesperson said on Wednesday.
“The respect for the rule of law and the fight against corruption are core elements of the European Union. As a candidate country, Ukraine is expected to uphold these standards fully. There cannot be a compromise.”
Brussels hardens its tone
The direct intervention of the European Commission president represents a new escalation in the unexpected clash between Brussels and Kyiv.
It is the first time since the start of Russia’s full-scale invasion that the executive has voiced such explicit criticism against Zelenskyy’s government.
On Tuesday, Marta Kos, the European Commissioner for Enlargement, voiced her strong disapproval in a bid to deter Kyiv from moving ahead with the controversial bill, which made its way through parliament at a speed that seemed to catch Brussels off guard.
“We are very concerned about the adoption of the Criminal Code amendments in Ukraine. They risk weakening strongly the competences and powers of the anti-corruption institutions of Ukraine,” the spokesperson went on.
“Both institutions, the National Anti-Corruption Bureau of Ukraine (NABU) and the Specialised Anti-Corruption Prosecutor’s Office (SAPO) are widely regarded as cornerstones of Ukraine’s rule of law. These institutions are crucial to Ukraine’s reform agenda and must operate independently to fight corruption and maintain public trust.”
The fight against corruption is central to Ukraine’s ambitions to join the European Union and is considered fundamental to attracting private capital for its reconstruction.
In his evening address, Zelenskyy sought to address the mounting criticism.
“The anti-corruption infrastructure will work, only without Russian influence – it needs to be cleared of that. And there should be more justice,” Zelenskyy said, referring to the recent raids into the NABU offices over allegations of Russian espionage.
“It is important that the Prosecutor General is determined to ensure that in Ukraine, the inevitability of punishment for those who go against the law is actually ensured. This is what Ukraine really needs.”