Venice Commission: Serbia’s judicial reforms show progress but need further work

The Venice Commission, an advisory body of the Council of Europe, has released its latest assessment of Serbia's judicial reform package, acknowledging progress while cautioning that several "shortcomings" persist and could impact the independence of the judiciary and the autonomy of the prosecution service.

The commission's opinion, adopted in June 2026, reviewed amendments to key laws concerning judges, the public prosecutor's office, and the High Prosecutorial Council. While recognizing Serbia's reform efforts and improvements over earlier drafts, the Venice Commission emphasized that specific provisions continue to raise concerns about safeguards for judicial independence and prosecutorial autonomy. The opinion suggests that certain governance changes within the judiciary and prosecution service might heighten the risk of external influence, particularly concerning appointment procedures, disciplinary actions, and institutional decision-making.

Despite these concerns, the Venice Commission welcomed Serbia's continued engagement with European legal standards and noted that constitutional reforms enacted in 2022 had already brought the country closer to Council of Europe benchmarks. However, the commission stressed that legislative consistency and the full implementation of safeguards are crucial for the credibility of the reform process. The opinion includes a series of recommendations aimed at bolstering institutional guarantees of independence, promoting transparent and merit-based procedures for judicial and prosecutorial appointments, and enhancing the roles of the High Judicial Council and High Prosecutorial Council.

The commission also urged Serbian authorities to maintain close collaboration with Council of Europe experts and to revise contested provisions in line with European standards. It reiterated the fundamental importance of judicial independence as a cornerstone of the rule of law and a key requirement for all member states. The opinion is set to be formally submitted for endorsement at the Venice Commission's June plenary session and forms part of the ongoing monitoring of Serbia's justice reforms, which are closely scrutinized within the framework of the country's European Union accession process.