The conference "New judicial laws in the interest of all citizens" was held
- Unfortunately, some members of the working groups think that, for example, by changing the name of the holders of the public prosecutor's office overnight, we will get prosecutors of integrity, and I would not comment further on such expectations - said Stefanović, addressing the participants of the conference "New judicial laws in the interest of all citizens - challenges and solutions", which was organized by MOUTH in the "Metropol Palace" hotel. Regarding the draft set of the Law on Judges, MOUTH does not have many objections, except, as the president of the Association said, the missed chance to legally regulate the financial position of judges, while the Association referred to the working texts of the Law on Public Prosecution and the Law on the High Council of Prosecutors a large number of written commentsto the Ministry of Justice.
- For MOUTH and the public prosecutor's office, it is most important to preserve and improve the standards achieved in this area, bearing in mind that any reform solution should, above all, bring progress and improvements, and not be a step backwards in relation to the existing system - he said. is the Senior Public Prosecutor in Belgrade.
He presented to the participants of the conference MOUTH's positions related to the proposed solutions for the new prosecutorial laws. He believes that, among other things, it is necessary to clearly demarcate the responsibilities between the Supreme Public Prosecutor's Office and the High Council of Prosecutors, and that decisions on handling specific cases, including objections to mandatory instructions, are made within the Public Prosecutor's Office, and not in the Prosecutor's Council.
Also, according to Stefanović's position, it is important to preserve the operation of public prosecutor's offices and to solve urgent work and organizational needs through the institute of referral of public prosecutors by the Supreme Public Prosecutor. The use of this institute, as he emphasized, should be reduced to the most necessary measure provided for by law, with respect for the consent of the appointed prosecutor, until the conditions are met for the issue to be permanently resolved by the High Council of Prosecutors. He reminded that the working text of the law prohibits referral from a lower to a higher prosecutor's office, which, he believes, will cause a serious problem in practice, and advocates that the current solution remain in force.
Stefanović pointed out that this year the Association of Judges and Prosecutors of Serbia marks 10 years since its foundation, indicating that it originated from the Association of Judges and Prosecutors' Assistants of Serbia.
- The association was founded as a response to the disastrous reform of the judiciary in 2009 and the difficult position of judge and prosecutor's assistants who were deprived of the right to be elected as judges and prosecutors under equal conditions with the participants of the Judicial Academy. After the intervention of the Constitutional Court, most of the assistants were elected as judges and prosecutors, who today make up the majority of MOUTH members - emphasized Stefanović.
In her opening address to the participants of the conference, the Minister of Justice of Serbia, Maja Popović, thanked MOUTH and the Judicial Academy for organizing this conference, which, she said, will contribute to making the discussion process more transparent and inclusive.
She reminded that MOUTH initially criticized the changes to the constitution and laws, but now joined the discussion respecting the will of the citizens expressed in the referendum. The Minister pointed out that the Venice Commission, in its opinion on the working versions of judicial laws, assessed that together with the changes to the Constitution, they have the potential to lead to significant positive changes in the Serbian judiciary, and that the working texts of the laws are well structured, clearly written and include all essential points which should be covered.
- It was emphasized that the successful reform of the judiciary depends mostly on a solid legislative framework, which will ensure that the independent judiciary and the independent public prosecution enjoy a high reputation in society and are oriented towards the future - stated Popović.
According to her, the Venice Commission praised the Ministry of Justice for the significant efforts made in the preparation of judicial laws, as well as for the inclusiveness and transparency of the law preparation process, and that it should continue the public debate in the coming months in the same spirit.
As she pointed out, the new laws will bring tectonic, radical and far-reaching changes, which significantly affect the strengthening of the independence of the prosecution and the independence of the judiciary, while excluding politics from the process of electing judges and prosecutors. In the period from November 23 to 25, as she announced, the rapporteurs of the Venice Commission will be in Serbia and will hold meetings regarding public prosecution laws.
- After their opinion, we will start the public discussion - the minister said.
Director of the Judicial Academy and moderator of today's conference,Nenad Vujić, indicated that this is the largest gathering where proposals for new judicial laws are discussed, attended by more than 150 participants, judges, prosecutors, academics, lawyers, professors, Academy students and judge and prosecutor assistants.
He noted that due to the great interest in this discussion, and too few places for personal participation, the conference is available to follow via an online platform.
The head of the EU delegation in Serbia, Emanuel Joffre, pointed out that these constitutional reforms in the area of the judiciary, as suggested by the name of today's conference, are in the interest of the citizens of Serbia, in the interest of businesses and those who seek answers from the judiciary for their problems. As he pointed out, the rule of law is primary for the EU and a fundamental value for our society.
The conference "New judicial laws in the interest of all citizens - challenges and solutions" was organized by the Association of Judges and Prosecutors of Serbia (UST) in cooperation with the Judicial Academy andAssociation of Judges of Misdemeanor Courts (USUDPREK).
In the introductory part of the meeting, before the working part of the conference, Judge Goran Božić of the Misdemeanor Appellate Court from USUDPREK gave a presentation. In the working part of this meeting, the assistants of the Minister of Justice and members of the working groups for the drafting of judicial laws, which are changed in accordance with the constitutional amendments, will present the proposals of key newspapers, and the deputy member of the Venice Commission will address the participants. This will be followed by an address by the conference organizer and a discussion by the participants, among whom, in addition to judges and prosecutors, there will also be professors of law faculties in Serbia, lawyers and representatives of other professional associations.
The organizers of the conference recall the importance of amending these laws in accordance with constitutional amendments and European standards, which should create conditions for a more efficient and responsible judiciary in Serbia.
These are proposals for new laws - the Law on Judges, the Law on Public Prosecution, the Law on the High Council of the Judiciary, the Law on the High Council of Prosecutors and the Law on the Organization of Courts.
