Joint Programme

Horizontal Facility

How can the judiciary safeguard its independence while maintaining constructive relations with the executive and legislative branches of power? This question was at the centre of a conference organised by the Judges Association of Serbia in Belgrade, where participants discussed European standards and practical challenges related to the position of the judiciary in a modern democracy.

The discussions drew on Opinion No. 18 of the Consultative Council of European Judges, which examines the position of the judiciary and its relations with the other branches of power. Participants explored the formal and functional legitimacy of the judiciary, along with various mechanisms how it may be jeopardized. Particular attention was given to the judicial independence in relation to the executive and legislative branches, including the importance of dialogue, checks and balances and mutual respect between institutions. Discussions also evolved around the need for transparency, clear reasoning of court decisions and accountability. The conditions for proper functioning of the judiciary and methods of undue influence were addressed in terms of financial position of judges. The position and the role of judicial assistants in light of the lack of staff in the judiciary was elaborated. Peer exchange on different experiences in meeting the standards of independence contributed to comprehensive discussions on ways to improve relations between the three branches of power.

The organisation of the Conference and provision of the translated CCJE Opinion No. 18 was supported by the Action “Strengthening legal culture in Serbia and the capacities of the judicial and prosecutorial councils”, which is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye.”