An informal group of judges and prosecutors, “Defense of the Profession,” has addressed European institutions over political pressures and a series of other problems that, as they claim, affect the judiciary.
“We sent a letter to Members of the European Parliament, the Secretary General of the Council of Europe, the European Union (EU) Commissioner for Enlargement, the Venice Commission, and the Head of the EU Delegation to Serbia regarding the existence of serious risks to the independence of the judiciary and the autonomy of prosecutors’ offices in Serbia, continuous political pressures, public attacks, and attempts to intimidate holders of judicial office, as well as normative and institutional solutions that represent a departure from constitutional guarantees and European standards,” the group of judges and prosecutors stated.
“Defense of the Profession” claims that the formation of a new court in New Belgrade is unconstitutional
“Defense of the Profession” notes that five judicial laws have also entered parliamentary procedure, proposed by Serbian Progressive Party MP Uglješa Mrdić, under an urgent procedure, and that they were not made available to the public.
In a statement, they warned that “the proposed amendments to the laws aim, through the back door, to strengthen the position of certain functions in the judiciary, primarily the positions of court presidents and chief prosecutors, through whom control over the work of the judiciary is exercised, undermining the independence and integrity of the judiciary and the autonomy of the prosecution.”
“It is planned to establish the Fourth Basic Court in Belgrade and the Fourth Basic Public Prosecutor’s Office in Belgrade with territorial jurisdiction over the municipality of New Belgrade, in the function of implementing the ‘Expo2027’ project, whereby our Constitution does not allow the adoption of a kind of ‘lex specialis’ for the formation of a court as part of the judicial system, whose establishment is ancillary to and in the function of implementing a specific commercial project, alongside already existing courts of general and special jurisdiction, which were established to resolve all disputes, including those arising from the implementation of such projects,” stated “Defense of the Profession.”
Also, with the proposed amendments, it was emphasized, the competences of the Chief Public Prosecutor of the Higher Public Prosecutor’s Office in Belgrade would be expanded, the “mandatory consent of the ministry competent for justice for certain acts of the prosecution” would be introduced, and their autonomy would be further undermined.
“It should be borne in mind that constitutional reforms were implemented in Serbia in 2022, as part of European integration with the aim of establishing the independence of the judiciary from the executive branch and guaranteeing the autonomy of the prosecution, when the set of judicial laws was harmonized—precisely those whose amendment is now being proposed under an urgent procedure,” warned “Defense of the Profession.”
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Source: Nova, Foto: ATA images