Pregled dešavanja u pravosuđu Srbije
Snapshot of Events in Serbian Judiciary

Summary/Abstract: The need for undertaking judicial reform in Serbia has been discussed over a decade now. The explanations for undertaking it, especially the reelection of magistrates as a first reform step, varied depending on whether ruling politicians addressed to the internal public or foreign public. For internal public the lack of capacity of judges and prosecutors to provide for a fair trial and their alleged connection with organized crime perpetrators was the main explanation for such unlawful measure. For foreign counterparts, politicians tended to explain it as a kind of breakthrough with Milosevic's regime, though social circumstances, as well as functioning of judiciary in ex Yugoslavia differed from the circumstances in other ex communistic countries. This explains the ambiguous stand of European institutions towards the reelection of magistrates, which contradicts to the acquis related to the permanency of judicial tenure, as a first reform step. The reelection in which 1/3 of magistrates, that means more than 1000 of them were dismissed in 2009, and subsequently its review in 2011/2012, showed strong political influence not only on the judicial bodies competent for the (re) election and dismissal of magistrates, but to the Constitutional Court, as well, harmed the functioning of the important state institutions, and put in huge risk the rule of law in Serbia. Even reelected judges and prosecutors do not believe in the permanency of their tenure any more. However, the joint and persistent reaction of professional associations of judges and prosecutors in Serbia, followed by their colleagues in foreign and international magistrates' associations, Consultative Council of European Judges of the Council of Europe and other institutions of the Council of Europe and European Union, as well the reactions of some Serbian institutions (Commissioner for Information of Public Importance, the Ombudsman, the Anti Corruption Council, the dozens of professors of Law) lead to the July 2012. Constitutional Court's decisions of annulling the non reelection (dismissal) decisions of High Judicial Council and State Prosecutorial Council and to the certainty of the reinstating of non reelected (dismissed) judges and prosecutors. This outcome signify the new chance for Serbia to enhance the rule of law and to reform its judiciary by, among other things, developing the systems of initial and permanent education, evaluation and liability of magistrates.

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