Since its establishment in 2001, one of the priorities of the OSCE Mission to Serbia (the OSCE),, has been the reform of the judicial system. The OSCE’s main focus is the development of legislation in accordance with international standards and best practices, strengthening judicial institutions, and enhancing the independence of judges.
Before the establishment of the High Judicial Council (HJC), the OSCE assisted Serbian Government in developing the legal framework governing the creation and work of the Council. Since its establishment in 2010, the OSCE has supported the HJC.
The OSCE provides assistance in two main areas: fostering the independence of the judiciary and developing as well as establishing effective accountability systems for judges. This includes support in building the capacity of the disciplinary bodies, and assistance in the establishment of a transparent and objective system for the evaluation of judges.
Support in capacity building of the disciplinary bodies: the Disciplinary Prosecutor and the Disciplinary Commission
In 2010 the HJC, with the OSCE’s support, adopted rules governing disciplinary procedures. After the appointment of the disciplinary bodies, the OSCE organized training sessions, study visits, and peer exchange with disciplinary bodies from South-eastern Europe for the members of the Disciplinary Commission and the Disciplinary Prosecutor. The OSCE also supported the Disciplinary Prosecutor in outreach efforts with the aim of increasing public awareness of the role of the Disciplinary Prosecutor, and the nature and scope of disciplinary misdemeanors. To that end, the OSCE printed and distributed brochures and leaflets to all Misdemeanor, Basic and Higher Courts throughout Serbia.
Support in developing evaluation system for judges
In 2012 and 2013 the OSCE assisted the HJC in developing rules for evaluation of judges and Court Presidents. The OSCE facilitated sessions of the working groups tasked with developing the rules, provided expert advice on the draft rules and organised expert discussions throughout Serbia.
The OSCE is strongly committed to continue working with the HJC in the future, especially in promoting international standards in regard to independence of judges, their appointment, and career advancement.