ПРЕГОВОРИ СРБИЈЕ И ЕВРОПСКЕ УНИЈЕ У ВЕЗИ СА ПОГЛАВЉЕМ 23 – ПРАВОСУЂЕ, ОСНОВНА ПРАВА И НЕЗАВИСНОСТ ПРАВОСУЂА

Knežević Bojović, Ana (2015) ПРЕГОВОРИ СРБИЈЕ И ЕВРОПСКЕ УНИЈЕ У ВЕЗИ СА ПОГЛАВЉЕМ 23 – ПРАВОСУЂЕ, ОСНОВНА ПРАВА И НЕЗАВИСНОСТ ПРАВОСУЂА. Evropsko zakonodavstvo (52/53). pp. 24-41. ISSN 1451-3188

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Abstract

The Independent judiciary is the point where sound regulations on judiciary meet its high ethical value. Over the past decade, Serbia has struggled to achieve it. Following the failed judicial reform based on the National Judicial Reform Strategy of 2006, Serbia has drafted the new strategy and the relevant Action plan. At the same time, the EU accession process mandates comprehensive changes in the judicial system, and the harmonization of national law with the EU acquies is dealt with within the negotiation Chapter 23 – Judiciary and Fundamental Rights, which, according to the new EU approach to the negotiation process, is to be opened early in the process. Following the explanatory and bilateral screening for the Chapter 23, and based on the recommendations formulated in the Screening report, Serbia has developed a comprehensive Action plan for the Chapter 23. Although the process of the development of the plan was a pilot good practice exercise aiming at improved dialogue with the civil sector and increased overall ownership of the Action plan, it still shows considerable deficiencies. The Ministry of Justice has formally pronounced the two major public policy documents – the new National Judicial Reform Strategy and Action Plan and the Chapter 23 Action Plan – harmonized; however, a closer investigation of both documents shows certain substantive discrepancies which are a signal of a deeper misunderstanding of the end goal of the judicial reform process, as steered through the EU integration process. The Chapter 23 Action plan offers little or no guarantees that the implementation of the planned comprehensive reform measures – including changes to the Constitution - will, indeed, result in a truly independent judiciary. Quite to the contrary, the overall impression after the analysis of both documents is that true dedication to the direly needed reforms in the judicial sector is lacking, and that both documents are designed so as to tick all the necessary boxes while showing a little commitment to a true change. In addition, both documents are likely to share the faith of their predecessor – the first Judicial Reform Strategy – and fail to secure full support and ownership of the judicial and legal professionals in Serbia. This is a challenge the Ministry of Justice must address before the negotiations for Chapter 23 are formally opened.

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