Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduction. – 2. Serbian National Judicial Reform Strategy. – 3. New Serbian Constitution and the Judiciary. – 4. Judicial Reform Laws of 2008. – 5. Election of Judges controversy. – 6. Instead of conclusion.

Abstract

The development of the Serbian judiciary was influenced by the legal traditions of its European neighbors, most notably Austria, Germany, and France. However, the most significant and enduring influence on Serbian courts was the legacy of socialist rule in Yugoslavia. Following the fall of the regime of Slobodan Milošević in October 2000, the democratically oriented government sought to strengthen the independence of the judiciary by introducing judicial reforms. In April 2006, the Government of Serbia (Ministry of Justice) adopted the Na- tional Judicial Reform Strategy (NJRS), inter alia, stating that the need for reform is caused by a “sharp conflict between the outdated political and legal system based on the 1990 Constitu- tion and the new social relations based on completely different principles and values.” The new Constitution of Serbia (replacing Milošević’s 1990 Constitution) entered into force in No- vember 2006. Its general provisions deal with the principles of the separation of powers and the independence of the judiciary. However, it also devotes separate chapters to the organiza- tion of the courts, the judges and the High Judiciary Council, as well as to the organization of the Public Prosecutor’s Office and the State Prosecutor’s Council. In accordance with the Constitution, the new High Judicial Council has eleven members. The President of the Su- preme Court of Cassation, the Minister of Justice and the President of the Parliamentary Committee for Judicial Affairs are members ex officio with Parliament appointing the remain- ing eight elected members, six of whom must be judges. The fact that judges hold the majority of seats in the Council should ensure that they are represented more fairly and adequately and reduce the political influence to which the previous Council was exposed.