The round table “Co-ordination mechanisms between the executive and judicial branches of government” was held on 14 June 2022 in Belgrade.

The roundtable was attended by representatives of the High Judicial Council, the State Prosecutorial Council, the State Attorney’s Office, the Ministry of Finance, the Judges` Association of Serbia, the Association of Public Prosecutors and Deputy and the Judicial Academy.

Tobias Flessenkemper, Head of the Council of Europe Office in Belgrade opened the round table and stressed the importance of ensuring working relationships between the executive and the judiciary without jeopardising the separation of powers and the independence of justice.

Dr Maria Mousmouti presented the key findings of the study ‘Co-ordination mechanisms between the executive and judicial branches of government in Council of Europe member-states and beyond’.

Dr Ana Knežević Bojović presented the findings of consultations that were conducted with stakeholders with regard to options for a co-operation mechanism between the executive and judicial branches of government.

All participants acknowledged the need for closer co-operation between the executive (Ministry of Justice and Ministry of Finance), the judiciary and the prosecution and pointed out that co-operation should take place at a formal level through a body that is officially established. Further, all participants concluded that it is important to consider the level of representation in this body, so that it can make binding decisions but also be operational. Key co-operation areas should include the budget and strategic planning in terms of spending and human resources.

Regarding the further steps, it was agreed to consider the possibility of establishing a co-operation body in the short-term to address in particular budgetary and staffing issues. The legal grounds could be found in the existing norms of the laws governing the competences of the High Judicial Council and the State Prosecutorial Council.

Also, it was agreed to communicate the conclusions to the working groups currently developing the drafts of the new set of judicial laws, to allow them to examine whether there is a need for introducing the legal basis for the institutionalisation of the co-ordination body in the new set of judicial laws or related secondary legislation.

The action “Strengthening independence and accountability of the judiciary” is part of the “Horizontal Facility for the Western Balkans and Turkey 2019 - 2022”, the joint European Union and the Council of Europe programme, which aims at assisting beneficiaries in the Western Balkans region and Türkiye to comply with the Council of Europe standards and European Union acquis in the framework of the enlargement process, where relevant.