OSCE Mission to Serbia organizes conference on transparent, independent and accessible judiciary

The OSCE Mission to Serbia in partnership with the European Union twinning project “Strengthening Capacities of the High Judicial Council and the State Prosecutorial Council” organized a conference on the relationship between the judiciary and other branches of government in Serbia, on 5 July 2017 in Belgrade.

Some 50 judges, prosecutors and representatives of the Ministry of Justice, the Parliament and the independent bodies gathered to discuss independence of the judiciary in a changing environment.

Under the Serbian Constitution, the bodies entrusted with safeguarding the independence of judges and the autonomy of prosecutors are the High Judicial Council (HJC) and the State Prosecutors’ Council (SPC). However, the constitutionally enshrined role of the executive and legislative powers in the establishment of these bodies raises concerns about their independence.

The Mission has welcomed the decision of the Serbian Government to embark upon a constitutional reform process, bearing in mind the recommendations of the Venice Commission to eliminate political influence on the Councils.  

“Even before constitutional changes, the Councils can already use the power they have in order to protect the independence of the judiciary and the autonomy of prosecution service,” said the Head of the OSCE Mission to Serbia,  Andrea Orizio. 

The conference was also used as an opportunity to present the newly established institution of Commissioner for Autonomy of the State Prosecutors’ Council, as well as to discuss the possibilities for the protection of the independence of judges envisaged by Article 29 of the Law on Judges. 

The OSCE Mission to Serbia will continue to support both Councils in developing mechanisms aimed at achieving their role as guarantors of the independence of judges and the autonomy of prosecutors.