Judicial reform conference - Constitutional amendments, new legislation - towards effective implementation

21 February 2023, Belgrade

Minister,

President of the Supreme Court of Cassation,

Deputy Chief Prosecutor,

Ambassadors,

Ladies and Gentlemen,

It is a great pleasure for me to be with you in Belgrade today and I am honoured to greet you at the opening of this Judicial Reform Conference.

2023 marks the 20th anniversary of Serbia’s membership in the Council of Europe and in many fields, our joint work has led to significant changes in the country in line with European standards on human rights, democracy and the rule of law.

We have been working in this endeavour not only with relevant national partners, but also often with the European Union, the “main institutional partner of the Council of Europe in political, legal and financial terms”[1].

This is notably the case for the judicial reform and today’s Conference, which is organised under a joint project of the European Union and the Council of Europe, called “Support for the implementation of judicial reform in Serbia”. It is not by accident that our two organisations have been working together in this area. They both consider that an independent, impartial and efficient judiciary is key to secure a truly democratic environment where the rights of individuals are effectively respected and the rule of law firmly anchored.

I am very grateful both to the Ministry of Justice and the Serbian judiciary and to the European Union for their continued commitment and engagement in this reform during the last two years.

As we all know, the Serbian Constitution of 2006 laid out important principles regarding the division of powers and the functioning of the judiciary.

However, shortcomings on the appointment and election of the judges were identified as early as 2007 by the Venice Commission.

Certain intermediate steps were subsequently undertaken to overcome these challenges, supported by Council of Europe co-operation activities.

Over the last two years, we have seen the most significant changes taking place, primarily through the constitutional reform last year and later changes to the judicial legal framework.

The recent adoption of the judicial laws constitutes obviously an important step in the ongoing justice sector reform, reinforcing the rule of law and importantly - Ambassador Giaufret just underlined this – also contributing to Serbia’s EU accession process.

On this path, the Council of Europe has continuously assisted the Serbian authorities, notably through the constructive dialogue which they have established with the Venice Commission, up to its most recent opinion from December 2022. I would also mention the recommendations made by our monitoring and advisory bodies - the Group of States against Corruption (GRECO) and the Consultative Councils of European Judges and Prosecutors.

So we have come a long way together.

But we have not yet reached the final destination and as in any long journey, it is important from time to time to pause, to observe the path we have taken, but also and above all to check our orientation for the distance still to go.

This is exactly the purpose of this Conference.

It will allow us to discuss what has been achieved so far in the judicial reform, but also what needs to be further addressed and put into practice.

Here I would make two observations.

The first one is 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.

I would like to highlight in this context an important point made by the Venice Commission, namely that, and I quote, “the legislative amendments should be accompanied by a change in the legal culture within the judiciary.” But also a culture of compromise and restraints on the part of the political forces in order not to interfere with the independence of the judiciary and achieve as much a possible consensus, in particular for the appointment of the lay members of the High Judicial Council.

My second observation is that, beyond the change of culture I just mentioned, practical challenges still remain. I will mention in particular the need to allocate appropriate human, financial and technical resources allowing judges to perform their functions properly, but also the need to provide adequate training to them.

I have no doubt about Serbia’s determination to bring this complex reform process to a successful end in order to ensure the Serbian judiciary’s full independence, efficiency and professionalism.

This is our shared objective.

This process should continue to be conducted through an in-depth dialogue involving all relevant stakeholders, so that all individuals have full confidence in the independence and impartiality of the justice system.

We are eager to establish a track record of positive change.

The new Judicial and Prosecutorial Councils, and the development of bylaws and other non-legislative measures necessary for the full reform, are important steps on that way.

You can count on the Council of Europe continued support, in line with its mandate – including through our project team, who contributed to the organisation of this event and, if you allow me, I would like to thank them for their work as well as Serbian and foreign experts who have been working with us.

I trust this Conference will strengthen our work together and give impetus for further progress.

I wish you a fruitful exchange today.

[1] Committee of Ministers Session in Turin, CM/Del/Dec(2022)132/4