Work in this thematic area focuses on prisons and police (including human rights in policing, healthcare in prisons and safeguards against torture and ill-treatment), human rights standards in the judiciary (focusing on enhancing the application of case-law of the European Court of Human Rights), the efficiency of justice systems (with a focus on analysing judicial statistics to optimise court administrations) and/or legal co-operation (which concentrate on increasing the individual independence of judges and prosecutors and the accountability of the judicial system).

Back Serbian judges explore ways to safeguard judicial independence

Belgrade 2 October 2026
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Serbian judges explore ways to safeguard judicial independence

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.”

Actions under theme i: ensuring justice
  • Strengthening the quality and efficiency of justice in Albania - Phase III  
  • Supporting enforcement of judicial decisions and facilitating execution of ECtHR judgments in Albania           
  • Enhancing the protection of human rights of prisoners in Albania  
  • Strengthening human rights treatment of detained persons based on European standards and best practices in Bosnia and Herzegovina  
  • Strengthening the quality and efficiency of justice in Kosovo* -  Phase II  
  • Accountability of the judicial system in Montenegro - Phase II  
  • Improved procedural safeguards in judicial proceedings in Montenegro  
  • Further enhancing human rights protection for detained and sentenced persons in Montenegro  
  • Strengthening independence and accountability of the judiciary in Serbia  
  • Strengthening the effective legal remedies to human rights violations in Serbia  
  • Enhancing the human rights protection for detained and sentenced persons in Serbia  
  • Supporting enhanced access to higher quality Free Legal Aid services in North Macedonia  
  • Enhancing the capacities of the penitentiary system and the external oversight mechanism in North Macedonia                                                                                                                                                                                                 
  • Supporting the implementation and reporting on the Action Plan on Human Rights in Turkey  
  • Judicial training institutes for Quality and Sustainability in the Western Balkans 
  • Initiative for legal certainty in the Western Balkans  
  • Enhancing penitentiary capacities in addressing radicalisation in prisons in the Western Balkans  
  • Towards a better evaluation of the results of judicial reform efforts in the Western Balkans  
  • Human Rights Education for Legal Professionals (HELP) in the Western Balkans 
  • PACE cooperation with the parliamentary assemblies with a view to achieving legislative improvements in Albania, Bosnia and Herzegovina, North Macedonia and Serbia 

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.