NOVI USTAVNI I ZAKONSKI OKVIR PRAVOSUĐA REPUBLIKE SRBIJE POSLE REFORME IZ 2022. GODINE

Abstract

In this paper the author explores first the reasons which had led to the judiciary reform that was adopted on the referendum in 2022. From the very beginning of implementing the 2006 Constitution, a number of constitutionalists, legal theorists, members of judiciary, lawyers and other representatives of legal profession, pointed to certain deficiencies in the constitutional document. The comments came from Venice Commission as well, as early as in 2007, so many people think that the Republic of Serbia was late with this constitutional revision. The European Union and the European Council offered the full support to this reform and the harmonization of Serbian legislation to EU law. The author underlines the significance of the European funded project “The support to judiciary reform in Serbia” which lasts from January 1st, 2022 to December 31st, 2024. The changes of the constitutional and legal framework of our judiciary have resulted in passing a set of laws related to judiciary and public prosecution office in the course of 2023. Now we are expecting to see their implementation in practice and contribution to strengthening the rule of law, accountability of judges and prosecutors, as well as their independent status.