Serbia's High Prosecutorial Council Rejects Venice Commission Recommendation on Prosecutors

The Serbian High Prosecutorial Council's decision to reject the Venice Commission's recommendation on reinstating prosecutors to the Public Prosecutor’s Office for Organized Crime and the Public Prosecutor’s Office for War Crimes is a significant development. This move, decided by a narrow 6-5 vote, signals a divergence from the constitutional expert body of the Council of Europe. The Venice Commission had issued an urgent opinion on recent amendments to laws governing the judiciary and prosecution service, highlighting concerns about hierarchical control and the use of provisional appointments.

From our perspective at Danas, this rejection underscores a complex internal dynamic within Serbia's legal and political landscape. While the Venice Commission offers external expertise and recommendations, the Council's ultimate decision reflects a national prerogative in shaping its own judicial framework. The specific amendments in question, adopted in January 2026, have altered the scope of control within the prosecution service and the circumstances under which prosecutors can be provisionally appointed or reassigned.

This situation is particularly sensitive given the nature of the offices involved – organized crime and war crimes. The Venice Commission's recommendations aimed to ensure adherence to European standards and best practices. However, the Council's refusal to even place the matter on its agenda suggests a potential unwillingness to revisit or alter the recently passed legislation, perhaps viewing it as a necessary step for domestic judicial reform. The international community, including the Venice Commission, will undoubtedly watch closely how these judicial reforms unfold and their impact on the independence and effectiveness of Serbia's prosecution service.

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The amendments notably affected the scope of hierarchical control within the public prosecution service, broadened the circumstances in which provisional appointments and reappointments of public prosecutors and court presidents may be used, and altered the regime on the temporary assignment of public prosecutors.