Serbian judge calls proposed judicial laws 'legal violence'
Translated from Serbian, summarized and contextualized by DistantNews.
At a glance
- A retired Supreme Court judge criticizes proposed judicial laws in Serbia, calling them "legal violence" against the judiciary.
- The judge argues that the Judicial Academy would become the sole channel for selecting judges and prosecutors, bypassing constitutional bodies and introducing political filters.
- Critics fear the laws will negatively impact Serbian society and undermine judicial independence, with some associations refusing to participate in public hearings.
Proposed judicial reforms in Serbia are facing strong opposition from legal professionals, who decry them as "legal violence" and a threat to judicial independence. Retired Supreme Court judge Radmila Dragiฤeviฤ Diฤiฤ is a vocal critic, arguing that the new laws, particularly concerning the Judicial Academy, are unconstitutional and unnecessary.
If these laws are adopted, they will have far-reaching negative consequences for Serbian society. This is not just a matter of the judiciary, and we expect some form of resistance to show.
Dragiฤeviฤ Diฤiฤ explained that the reforms aim to shift the power of selecting judges and prosecutors from the High Judicial Council and the High Prosecutorial Council to the Judicial Academy. She fears this will create a "political filter" by controlling who can enter the legal profession through the academy, rather than ensuring the selection of the most capable individuals based on merit and independence.
This is legal violence against the judiciary.
"The way someone applies for the Academy, the way some get in there, completely does not guarantee the principle of independence," Dragiฤeviฤ Diฤiฤ stated. She also pointed out that the Academy currently lacks the capacity and quality to train the number of new judges required, potentially "destroying future generations" of the judiciary.
The way someone applies for the Academy, the way some get in there, completely does not guarantee the principle of independence, and in the end, that is the political filter.
Many legal associations and judges reportedly do not support the proposed legislation. The Association of Prosecutors has wisely decided not to participate in public hearings, refusing to legitimize a process they believe is flawed. The Society of Judges of Serbia has demanded the immediate withdrawal of the proposed amendments to the Law on Judges, the Law on Public Prosecution, and the Law on the Judicial Academy, citing constitutional violations and the indirect reintroduction of political influence in ะบะฐะดั selection.
The Academy does not have the quality; for all these years, it has not managed to build an institution that is independent, which engages the best as lecturers...
Originally published by N1 Serbia in Serbian. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.