Whether Constitutional Amendments on judiciary, which are in the final text of Constitutional Amendments, actually be historical milestone for Serbian judiciary and bring much expected autonomy and independence of third branch of authority, does not depending only on Constitutional amendments.
It is not sufficient to include in the Constitution that prosecutorial and judiciary are independent, but they have to be that in practice. To fulfill that, it is necessary that Constitution is followed by good laws, that laws should be applied by the judges and prosecutors who are aware of their independence and are willing to stand for it.
Anticipated constitutional changes on judiciary is a big step forward, but not sufficient enough to establish an independent and autonomous judiciary and prosecutors office.
These are the main conclusions of the conference „Towards Constitutional amendments“ which was organized by Association of Public Prosecutors and Deputy Public Prosecutors (PAS) on Friday, 22 October at Hotel Metropol, for 20th anniversary of the Association. Conference was attended by more than 120 participants, mostly prosecutors, but also by representatives of other professional organizations, members of Diplomatic Core (Embassy of Belgium, Germany, France), associates and colleagues from international organizations in Serbia. Great pleasure for us was presence of our dear colleagues who were present at Founding Assembly held on 17 November 2001.
Importance of the theme but also the 20th anniversary were a great occasion to gather representatives of the most prominent Serbian and international organizations such as the State Prosecutorial Council, Republic Prosecutors Office, Ministry of Justice, OSCE Mission to Serbia, Council of Europe, EU Delegation in Serbia, Embassy of the Netherlands, Embassy of Sweden as well as colleagues from European Association of Judges and Prosecutors for freedom and democracy (MEDEL).
Mrs. Lidija Komlen Nikolic, President of the Presidency of the PAS, stated after her welcome speech that it is very important for the PAS in the year of their 20th anniversary to have initiation of systematic change in organization of public prosecutors’ office and abolition of monocratic system, which are the main novelties of Constitutional amendments.
„There is a lot of space to improve position of prosecutors and judges and the final outcome will depend on judicial laws that will be adopted after the Constitutional amendments. Still, proposals from text of the Constitutional amendments which are mainly originated from our representatives in Working group, are a big step forward“.
She pointed out the most important amendments in the judiciary that should be existing in new Constitution: abolition of monocratic system, autonomy of public prosecutors, wider definition of immunity of public prosecutors and assignment of jurisdiction of status issue solving to the High Judicial Council.
Mr. Milan Tkalac, member of State Prosecutorial Council and representative of Republic Prosecutor Office pointed out that Constitutional amendment is a very complex issue and the main goal is to reach consensus on amendments to be more efficient, fair and long term as a society role in the rule of law.
„Proposed Constitutional amendments will exclude participation of politics from election of the judges, court presidents, public prosecutors and deputy public prosecutors which will enable greater independence and autonomy of prosecutors“, was considered by Mr. Vladimir Vins, Senior Advisor in the Ministry of Justice.
„Amendments to the Serbian Constitution are needed to prevent undue influence on prosecutors as well as to increase accountability of prosecutors in the judicial process“, was pointed out in welcome speech by Mr. Jan Braathu, Head of OSCE Mission to Serbia.
Working part of the Conference was divided into three thematic sessions: What do new solutions bring in the Constitution, how will proposed amendments affect the judicial work in practice and What was the role of civil sector in creation of enabling environment for bringing these amendments.
New solutions in the Constitution are commented by Mr. Goran Ilic, member of the Presidency and Deputy Republic Prosecutor, Mr. Vladan Petrov, Professor at Law Faculty in Belgrade, Mrs. Katarina Golubovic, President of YUCOM and Mr. Bojan Milisavljevic, Professor of Law Faculty in Belgrade. Mr. Goran Ilic repeated previously expressed opinion that no Constitution itself can transform Serbian judiciary as long as judges’ and prosecutors’ minds do not transform. Judicial reform is not only normative point, we have to encourage judges and prosecutors to be independent, he says.
Proposed amendments on the judiciary in practice are commented by Mr. Radovan Lazic, President of Management Board of the PAS, Mr. Slobodan Orlovic, Professor of Law Faculty in Novi Sad and Mr. Predrag Milovanovic, member of State Prosecutorial Council. Our colleague Lazic reminded of many influences to the prosecutors’ office such as police influence during pre-investigation procedure. „Police is not under control of prosecutors office so political influence can be very obvious through police during pre-investigation procedure“, Lazic stated, also pointed out that awareness of prosecutors and judges regarding autonomy and independence is the most important point.
Mr. Slobodan Orlović, Professor of Constitutional law in Novi Sad highlighted „it is very questionable that we think that Constitution and Law can improve something that has been lasting for decades“.
Professor Orlovic said „You cannot make something for prosecution only by norm what anybody can do who works that job with dignity, integrity and knowledge“.
Mrs. Dragana Boljevic, honorable President of Judges Association of Serbia, said that existing constitutional amendments are far better than those from 2018 because election of prosecutors and judges is displaced from the Assembly, the place with great political influence. She emphasized detail regarding functional independence of members of High Judicial Council which is now strengthen because constitutional amendments anticipate that judges and prosecutors cannot be responsible of opinion expressed within their function.
Civil sector, such as PAS, has been representing for years powerful platform of support for judicial reform and rule of law. Without that support, permanent oversight as well as courage to comment wrong decisions or politics, two decade of commitment to the independent judiciary (like a slogan regarding anniversary – „20 years of commitment to the law, justice and trust“) will be more insecure and uncertain.
Mrs. Branka Vučkovic, President of PAS Assembly briefly mentioned the history of PAS, time of the establishment and main milestones during past 20 years. Having in mind all 20 years and previous work, we prepare brochure „To law, trust and justice“ for this anniversary.
Great support to our work is provided by our partners and friends of the Association such as Foundation for Open Society and Belgrade Open School. Mr. Miodrag Milosavljevic, Executive Director of the Foundation and Mr. Milorad Bjeletic, Executive Director of Belgrade Open School agreed that civil society was a big support to the professional association, especially to the PAS, in the commitment to the accountable and efficient judiciary. Professor Miodrag Jovanovic, President of Administrative Board of Cepris commented meaning of slogan „To law, trust and justice“ in legally and philosophical manner.
We appreciate the presence of all speakers and participants of panel discussions, as well as other colleagues and guests attended the conference. Presence of many high officials of relevant institutions showed us their interest and support to our work. Yet, attention and confidence of our colleagues, public prosecutors and deputy public prosecutors as well as prosecutors’ assistants is our biggest incentive and encouragement.
Commitment to the law, justice and trust is a continuous job.