The Influence of Politics on the Judiciary in Serbia: The Failed Reform of the Judiciary As an Example

9 Pages Posted: 7 Jan 2018

See all articles by Milos Bokic

Milos Bokic

University of Vienna, Faculty of Law

Date Written: October 19, 2017

Abstract

The discussion on the impact of politics and politicians on the judiciary was evident in 1990 and the beginning of party pluralism in Serbia. Despite the existence of political consensus about necessity of judiciary reform, it is obvious that efforts of previous governments did not bring about much progress in this area. The modernization of the Serbian judiciary and enhancement of its efficiency have been the starting points of the judiciary reform since 2010. Although the main goal of the reform was an improvement of the situation in the Serbian judiciary, the the entire procedural framework of the judicial reform was and still is seriously criticized. The decision of the Constitutional Court of Serbia in July 2012 confirms that reform of Serbian judiciary was not conducted in a democratic manner. Judicial independence as one of the basic democratic principles is an important indicator of the political maturity of a society. It is clear that Serbian political elite did not have the courage to realize the political promises that they gave to their voters. Serbian society needs to work a lot on implementation of the fundamental reforms in order to fulfil the conditions for the full membership in the European Union.

Keywords: Balkan, Reform , Judiciary, Politics, Pressure, Criteria

JEL Classification: Law and economics

Suggested Citation

Bokic, Milos, The Influence of Politics on the Judiciary in Serbia: The Failed Reform of the Judiciary As an Example (October 19, 2017). Available at SSRN: https://ssrn.com/abstract=3095248 or http://dx.doi.org/10.2139/ssrn.3095248

Milos Bokic (Contact Author)

University of Vienna, Faculty of Law ( email )

Schottenbastei 10-16
Vienna
Austria

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