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Retour High-level conference on the judicial reform in Serbia: constitutional amendments, new legislation and ways towards their effective implementation

© Ministry of Justice, Republic of Serbia

The high-level judicial reform conference: constitutional amendments/new legislation - towards effective implementation, organised by the Ministry of Justice within the joint European Union and Council of Europe Project “Support for the implementation of judicial reform in Serbia” took place on Tuesday 21 February in Belgrade.

The participants of the judicial reform conference were welcomed by Tobias Flessenkemper, Head of the Council of Europe Office in Belgrade.

Maja Popović, Minister of Justice, in her opening speech said: "This conference is a part of the ongoing broad, inclusive and transparent process of presentation and discussion on the Act on Amendments to the Constitution and judicial laws. This is yet another opportunity to familiarize the wider professional and interested public with the solutions contained in the new laws. The changes taking place in the judiciary, which aim to strengthen the rule of law and legal certainty in the Republic of Serbia, through the establishment of an independent judiciary and an autonomous public prosecutor's office, will enable a legal environment in which each citizen will be able to protect his/her rights in a swift, easy manner and within a reasonable time before the judiciary that is free from political influence. Such a legal environment will be created through the establishment of an improved system of nomination, election, transfer and termination of office of judges, court presidents, public prosecutors and chief public prosecutors. The election of new judges and public prosecutors will be based on objective evaluation criteria, fair election procedures, openness to all candidates with appropriate qualifications and transparency from the point of view of the general public."

Emanuele Giaufret, Ambassador, Head of European Union Delegation to the Republic of Serbia particularly pointed out that “judicial reforms started in February 2022 with the adoption of the constitutional amendments and one year later we have five implementing laws, adopted in consultation with the Venice Commission and through a participatory process. These laws, which translate the constitutional amendments into practice, represent a milestone in strengthening the rule of law and a step forward in Serbia’s EU integration process. These laws reflect changes which are to increase the independence and accountability of judiciary - a very important reform for the citizens of Serbia, which, if implemented by letter and spirit, has the potential to bring significant positive change in the Serbian justice system. Rule of law is a core value of the EU and a pillar of European integration. We stand ready to further assist Serbia in its judicial reforms. “

Christophe Poirel, Director of Human Rights at the Council of Europe, noted in this respect that “while the work carried out to align the legislative framework with European standards is fundamental, it is only the first step towards genuine change”. “Ultimately, it is the implementation of the new laws and rules that will be decisive. This entails creating and sustaining an environment that secures the independence and the efficiency of the judiciary on a daily basis,” he said.

Annika Ben David Ambassador of Sweden that currently presides the Council of the European Union, stated:” Today’s event is an opportunity to recognize and take stock of a massive reform effort that has set the scene for promoting the Rule of Law in Serbia further. We look forward to seeing the concrete results of the constitutional amendments. However, it is important to note that it is not only about adopting new laws and policies. It is about social dialogue. It is about participation, inclusiveness and transparency and setting off the Serbian judicial system to a good start for future efficiency in upholding the fundamental rights of its citizens“.

Jasmina Vasović President of the Supreme Court of Cassation and President of the High Judicial Council stressed the crucial role of judges in the reform process. “It is up to us, the judges, to ensure the independence of the judiciary and strengthen trust in the judiciary, and if we are persistent and consistent in this endeavour, the adopted constitutional changes and the new judicial laws will achieve their purpose".

Branko Stamenković, Deputy Republic Public Prosecutor and Deputy President of the State Prosecutorial Council stated that the judicial reform is essential for a further progress with investments, overall economic development and for the society as a whole. He added that it is up to all stakeholders to implement this reform in the best possible way, in line with the Constitution and the judicial laws, taking into account the best international and domestic experiences, in order to ensure that its intended goals are fully reached.

The Republic of Serbia has amended the Constitution in the part relating to the judiciary to align it with the European standards. The Ministry of Justice of Serbia has been engaged since April 2022 in amending the judicial and prosecutorial legislation to align it with the Constitution and the European standards, with assistance provided by the joint EU-Council of Europe Project "Support for the Implementation of Judicial Reform in Serbia".

Following a public consultation that took place from September 2022 to January 2023, the new Law on Organization of Courts, the Law on Judges, the Law on the High Judicial Council, as well as the Law on Public Prosecution and the Law on the High Prosecutorial Council were adopted by the National Assembly on 9 February 2023.

The conference highlighted the importance of these new laws as essential steps towards achieving a more effective and independent judiciary, but also stressed the necessity of ensuring their effective implementation.

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