Judicial Union Warns of 'Narrow Funnel' in Judge and Prosecutor Selection

Belgrade, Serbia – A judicial union is urgently calling for the withdrawal of three proposed systemic laws concerning the justice sector, demanding a comprehensive public debate before they are reintroduced to parliament. The union argues that these changes would fundamentally alter the selection process for judges and prosecutors, granting significant power to the Judicial Academy.

Nemanja Đurić, president of the Judicial Authority Union, warned that the proposed amendments would create a "narrower funnel" for selecting candidates, thereby weakening the role of judicial councils. He described the legislation as a continuation of previous controversial laws, stating that while the government is now the proponent, the underlying intent remains the same.

Under the current system, judges are selected from a pool of judicial assistants who have passed the bar exam and possess a certain number of years of professional experience. Candidates with legal or academic backgrounds are also eligible. Historically, judges and prosecutors were elected by judicial bodies within the Parliament. The proposed changes, however, would reportedly make passing through the Judicial Academy a prerequisite for becoming a judge or prosecutor.

Đurić expressed concern that this shift would effectively sideline the judicial councils, such as the High Judicial Council and the High Prosecutorial Council, which are constitutionally mandated to elect judges and prosecutors. He argued that the Academy would become a "confirmation machine for someone else's choice," as it would pre-select candidates, leaving the councils with a limited pool from which to choose.

Further concerns were raised regarding the Judicial Academy's capacity to supply enough candidates to meet the needs of the courts and prosecutor's offices. Đurić also pointed to the presence of executive branch representatives within the Academy, suggesting a potential for undue influence in the selection process. The union also noted that public discussions on the matter are being avoided, citing a "fear of arguments."

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Thus, only candidates who pass through the Judicial Academy can become judges and prosecutors, and this ties the hands of the judicial councils, which completely lose their role because, if the Judicial Academy sends you candidates from whom you then need to choose, that's where the preliminary selection has been made. And the Judicial Academy is being turned into a machine for confirming someone else's choice.