Back Appellate Courts and Supreme Court Joint Meeting in Kragujevac on Civil Caselaw Harmonisation

Appellate Courts and Supreme Court Joint Meeting in Kragujevac on Civil Caselaw Harmonisation

The practice of quarterly meetings between civil law departments of all four appellate courts, commercial courts, and the Supreme Court of Serbia continued in Kragujevac on 21 February 2025, with the support of the joint EU/Council of Europe project “Support for the Implementation of Judicial Reform in Serbia”.

Appellate court judges presented the disputed legal issues selected from recent practice, providing examples of contradicting decisions concerning similar situations. Several important legal issues were addressed, with an active exchange of views among representatives of all four appellate courts. Diverse rationale for the taken standpoints was provided by interlocutors, while several laws addressing the concrete subjects were criticised due to a lack of clear provisions. The judge of the Supreme Court discussed the cases in detail and provided a legal stance on the disputed legal issues presented at the meeting.

The meeting involved lively legal discussion regarding various practical implications of opposing solutions. A joint stance was taken following the consideration of conflicting views.

The joint EU/Council of Europe project “Support for the Implementation of Judicial Reform in Serbia” will continue to facilitate meetings aimed at caselaw harmonisation. The project aims to raise awareness of the importance of such exchanges of legal stances and diverse opinions in order to strengthen the rule of law in Serbia.


 

Kragujevac 21 February 2025
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Strengthening independence and accountability of the judiciary

 

What is the goal?


► building the capacities of judges, prosecutors, judicial and prosecutorial assistants to detect and counter risks of undue influence
► reinforcing internal mechanisms, rules and procedures within the High Judicial Council (HJC) and the State Prosecutorial Council (SPC) to guarantee judicial and prosecutorial independence.


Who benefits from the Action?


► the High Judicial Council, the State Prosecutorial Council, the Judicial Academy and the Ministry of Justice
► court users will benefit from a more transparent and effective judiciary
► Serbian citizens will benefit from the judiciary that is more independent and accountable.


How will the Action work?


► through expert advice/opinions, round tables, expert meetings/working groups, training session, peer-to-peer discussions organised in co-operation with beneficiaries
► through preparing publications that will contribute to strengthening the independence and the accountability of the judiciary and of the prosecutorial service of the Republic of Serbia and to improving the public confidence in the judicial system.


What do we expect to achieve?


► The establishment of a fair and merit-based system of performance evaluation and career advancement of judicial professionals
► The enhancement of the co-operation and the information flow between the executive and the judiciary.


How much will it cost?


► The total budget of the Action is 750.000 EUR.
► The budget allocated to the overall Horizontal Facility programme amounts to ca. 41 Million EUR (85% funded by the European Union, 15% by the Council of Europe).


How to get more information?


► Directorate General I: Human Rights and Rule of Law https://www.coe.int/en/web/human-rights-rule-of-law
► Horizontal Facility website: https://pjp-eu.coe.int/en/web/horizontal-facility/home
► Marija Simić, Horizontal Facility Communication Officer, [email protected], +381 63 601 337
Besnik Baka, Horizontal Facility Communication Officer, [email protected], +355 69 217 8430

HORIZONTAL FACILITY II