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Judicial Reform Strategy crucial for rule of law
Belgrade,
14 April 2006
Serbian Minister of Justice Zoran Stojkovic said today that the Judicial Reform Strategy adopted by the Serbian government is a crucial step in creating the legal state as it will pave the way for an independent judiciary.
Carolyn Jungr, Zoran Stojkovic and Branislav Bjelica
Stojkovic told a press conference that this document got a wide support from the people in the judiciary and experts as well as from international organisations and the Council of Europe. The Minister expressed hope that the Serbian parliament will adopt the strategy in the spring sitting.
He explained that by January 1, 2011, when the High Judicial Council is to take over full authorisations, the judicial system in Serbia will become fully independent from executive authority.
It is important to adopt a new Constitution which should introduce the High Judicial Council into the Serbian legal system, the Minister said.
The Strategy envisions control within courts, control of the public and appointment of best candidates, Stojkovic said.
World Bank Country Manager in Serbia-Montenegro Carolyn Jungr said that the document will create better and more favourable business framework for domestic and foreign investors.
She said that for the Strategy to be implemented, a whole array of other factors will have to be fulfilled, as well as certain funds invested both by domestic and foreign investors. She added that everything must go according to the schedule.
Jungr said that a very good aspect of the Strategy is its highly concrete implementation indicators.
State Secretary at the Ministry of Justice Branislav Bjelica specified that the Strategy envisages the establishing of a new network of courts with new authorisations. He also said that judges will not be re-elected in the same way they have been until now.
As the weak spots in the Serbian judiciary he named prolonged court proceedings, a broad system of courts and unclear standards for election, revoking and assessment of judges, as well as inappropriate curricula in law schools.
Bjelica said that according to the Strategy, the High Judicial Council will occupy the central place in the judicial system. The majority of the Council will be made of judges form all regions and not only heads of courts, he added.
Courts will choose their representatives by secret voting, and the High Council will be the only organ with authority to propose judges. Judges will be formally appointed by Serbian parliament, he said and added that first-time appointed judges will have a five-year mandate, after which period they will be appointed for a lifetime mandate.
Bjelica announced that the government will adopt an action plan to determine who will be in charge of enforcing the Judicial Reform Strategy.
The drafting of the Strategy has been financially backed up by the World Bank.
He explained that by January 1, 2011, when the High Judicial Council is to take over full authorisations, the judicial system in Serbia will become fully independent from executive authority.
It is important to adopt a new Constitution which should introduce the High Judicial Council into the Serbian legal system, the Minister said.
The Strategy envisions control within courts, control of the public and appointment of best candidates, Stojkovic said.
World Bank Country Manager in Serbia-Montenegro Carolyn Jungr said that the document will create better and more favourable business framework for domestic and foreign investors.
She said that for the Strategy to be implemented, a whole array of other factors will have to be fulfilled, as well as certain funds invested both by domestic and foreign investors. She added that everything must go according to the schedule.
Jungr said that a very good aspect of the Strategy is its highly concrete implementation indicators.
State Secretary at the Ministry of Justice Branislav Bjelica specified that the Strategy envisages the establishing of a new network of courts with new authorisations. He also said that judges will not be re-elected in the same way they have been until now.
As the weak spots in the Serbian judiciary he named prolonged court proceedings, a broad system of courts and unclear standards for election, revoking and assessment of judges, as well as inappropriate curricula in law schools.
Bjelica said that according to the Strategy, the High Judicial Council will occupy the central place in the judicial system. The majority of the Council will be made of judges form all regions and not only heads of courts, he added.
Courts will choose their representatives by secret voting, and the High Council will be the only organ with authority to propose judges. Judges will be formally appointed by Serbian parliament, he said and added that first-time appointed judges will have a five-year mandate, after which period they will be appointed for a lifetime mandate.
Bjelica announced that the government will adopt an action plan to determine who will be in charge of enforcing the Judicial Reform Strategy.
The drafting of the Strategy has been financially backed up by the World Bank.
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