In cooperation with the Prosecutors’ Association of Serbia, the joint EU/CoE Project “Support for the Implementation of Judicial Reform in Serbia” organised the Workshop on the effectiveness of legal remedies in the process of elections of prosecutors and freedom of expression of public prosecutors in Belgrade. The event was conceptualised as twofold discussion on the current topics causing substantial professional discussion in Serbia.
International and local Council of Europe experts presented key European standards on the appointment and promotions of public prosecutors, focusing on the principle that professional evaluations and promotions must be governed by transparent and objective criteria such as competence and experience. In this context, CCPE Opinion 9(2014) on European Norms and principles concerning prosecutors was discussed, as well as the CCPE Opinion 18(2023) on Councils of Prosecutors. Emphasis was given to the need for decisions with an impact on the careers of prosecutors to be reasoned and be subject to judicial review upon the initiative of a concerned prosecutor. The applicability of Article 6 ECHR and the practice of the ECtHR in relation to disputes concerning appointment and promotion of judges and prosecutors were addressed in detail.
Freedom of expression of public prosecutors was addressed through the discussion on Bangalore Principles, the CCJE Opinion 25(2022) on Freedom of expression of judges and the ECtHR case law. The right to make comments on matters related to human rights, rule of law, judicial appointments or promotion, proper functioning of the administration of justice, including independence of judiciary or separation of powers was highlighted.
The workshop was a good opportunity to discuss state of play in implementation of the new prosecutorial laws, to indicate some of the observed deficiencies, and contribute to joint discussion on improvements in practice. The joint EU/CoE project “Support for the Implementation of Judicial Reform in Serbia” will continue to support efforts to ensure adequate implementation of the new legal framework thorough cooperation and dialogue of all stakeholders.
Workshop programme (.pdf)
Source: COE, UTS