Mission to Serbia supports reformers in developing new laws on the judiciary

Prior to the dissolution of Yugoslavia, Serbia's judiciary system had a respectable number of professional and skilled judges but its independence was greatly limited. Consequently, following the ousting of the Milosevic regime in 2000, the democratically-elected government sought to strengthen the independence of the judiciary and enhance its role in advancing judicial and legal reforms

Prior to the dissolution of Yugoslavia, Serbia's judiciary system had a respectable number of professional and skilled judges but its independence was greatly limited.

Consequently, following the ousting of the Milosevic regime in 2000, the democratically-elected government sought to strengthen the independence of the judiciary and enhance its role in advancing judicial and legal reforms.

Since the passing of the National Judicial Reform Strategy and the new Constitution in 2006, the OSCE Mission to Serbia and the Ministry of Justice have been working together with Serbian judges and prosecutors on developing a new package of laws on the judiciary. This includes the laws on Judges and Prosecutors, on Organization of Courts, and on the High Judicial and Prosecutorial Council.

The President of the Supreme Court, Vida Petrovic Skero; the President of the Judges' Association, Dragana Boljevic; and the Deputy Republic Public Prosecutor, Jasmina Kiurski, have worked closely with the OSCE on developing this new package of laws, which is seen as crucial to Serbia's judicial reform. In this interview, they talk about their experiences and the role of the OSCE in the reform process.

What is your perspective of the judicial reform process in Serbia and your individual role in it?

Vida Petrovic Skero: I have to acknowledge that the judicial reform process is proceeding rather well. When the reform process began in 2000, new laws were enacted which could have provided a solid foundation for efficient reforms of the courts. Unfortunately, very important sets of judicial laws have not been implemented, new courts (administrative and appellate) have not been established, the Law on Judges has been altered eleven times and the implementation of law regulations pertaining to the Law on Organization of Courts has been deferred eight times.

As the President of the Supreme Court, my legal duties call for securing proper and timely work of the courts. Due to the manner in which the reform was proceeding, I had a very difficult and often unrewarding role to play. Nevertheless, there has been significant success, as the number of old cases decreased from 37 to 12 per cent in three years and significant transparency was achieved in the work of the courts.

Dragana Boljevic: Judicial reform in Serbia is a very difficult but extremely important process that has just begun. The content of constitutional provisions and directions from the National Judicial Reform Strategy, which serves as the basis of the reform, has yet to be developed and modified in different, even opposite ways. In order to establish a functional judicial system, what is needed is a holistic perspective on possible changes and reforms. In this reform process, I see myself as being an advocate for ensuring that reform takes place without shortcuts, honestly and substantially, that proposed solutions are applicable and in accordance with the constitutional proclamation that Serbia is a state based on rule of law and that we publicly highlight the danger of choosing a different path.

Jasmina Kiurski: Judicial reform needs to facilitate the creation of a legal state that will guarantee democracy and rule of law, protection of rights and freedoms as well as equality before the law with full respect for principles of the European Convention for Protection of Human Rights, and judicial independence along with an autonomous and impartial public prosecution. I see myself playing a direct role in the reform process by contributing to the realization of the National Judicial Reform Strategy through active participation in various committees and working groups tasked with creating systemic and other laws, first and foremost the laws on Public Prosecution and the High Prosecutorial Council.

What challenges have you faced in dealing with judicial reform?

Vida Petrovic Skero: The biggest challenge is creating suitable circumstances for implementing new laws. In order to ensure reform, it is necessary to co-ordinate the co-operation of the judicial, executive and legislative branches.

Dragana Boljevic: From my perspective, when looking at the overall picture, there are two main challenges in dealing with judicial reform in Serbia. One challenge is the inability of the executive and legislative branches to grant and support independence of the judiciary, and the second challenge is related to the general spirit and state of mind of prosecutors and judges, who have experienced years of reform delays, followed by threats, disparagement, constant criticism and a lack of appreciation.

Jasmina Kiurski: Judicial reform, especially reform of the public prosecution service, is a challenge in itself that inspired my personal involvement. The path of the reform process is long and difficult and carries with itself numerous challenges, which we will together (both judges and prosecutors) surely overcome if we firmly believe in our goal.

How much has the co-operation between the OSCE and Serbia's judiciary contributed to the process of judicial reform?

Vida Petrovic Skero: Over the past seven years, the OSCE has been a key factor in the positive development of judicial reform in Serbia. The Mission to Serbia has provided great help in developing a strategy for judicial reform. It has supported the work of groups in developing basic procedural and substantive laws, and provided support in developing the Judicial Training Centre and developing a normative framework for creating a Judicial Training Academy. Likewise, essential support was also given towards developing a legal framework for combating organized crime in Serbia, developing a system of alternative sanctions and reforming the prison system.

Dragana Boljevic: The OSCE, along with other international partners, has contributed significantly to the maturation of the idea regarding the need for integrating European standards into Serbia's judiciary. It has also helped develop consideration for ideas from many experts, namely judges and prosecutors familiar with the inner workings of the system, as well as helping gather together many individuals capable of contributing their unique insight into the needed reforms. The OSCE's non-invasive but clear support of these experts and their collaboration with the Judges' Association has helped improve the co-operation between various government branches and those involved with reform.

Jasmina Kiurski: The OSCE has contributed immensely in the realization of projects of extreme importance to judicial reform. Likewise, it has provided support to our progressive and democratic ideas, as well as direct aid in developing laws and secondary legislation by giving expert advice and engaging experts from the Council of Europe and by translating legal texts and international conventions for the purpose of conducting comparative legal analysis.

As part of its continuing support for judicial reform, the Mission to Serbia organized a roundtable on 1 July 2008 in co-operation with the Association of Public Prosecutors and Deputy Public Prosecutors of Serbia on setting up transparent, objective and measurable criteria for evaluating the performance of public prosecutors. The Mission will support similar activities throughout the year.

As a result of the support from the OSCE Mission as well as the hard work of people like Vida, Dragana, Jasmina, the Justice Ministry, the Judges' and Prosecutors' Associations and numerous other individuals in Serbia's judiciary, the new package of judicial laws is expected to be passed in the autumn of 2008.