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A new legal framework for the judiciary

Niš, 19.10.2023.

The first lecture of the year, to the second generation of participants, as part of the training program Strengthening Capacity for Judicial Reform - southern Serbia, was held by the judge of the Supreme Court and the honorary president of the Association of Judges of Serbia, Ms. Dragana Boljević.

The lecture entitled New Legal Framework for the Judiciary discusses the process of amending the Constitution in part concerning the judiciary, the adoption of five judicial laws, and the novelties included. The potential role of civil society and professional associations of judges and prosecutors on this topic is reviewed. Bearing in mind that she actively participated in these processes, Ms. Boljević gave direct insights into the processes that preceded the change of the Constitution, from its adoption in 2006 through the adoption of judicial laws in 2008 and the re-election of judges and prosecutors to the reactions of the Venice Commission.

The most attention among the participants was caused by the selection of prominent lawyers as members of the High Council of the Judiciary, models of the election of members of the High Council of the Judiciary applied by states in the region, judicial practice as a source of law in Serbia, and possible future abuses of the application of constitutional laws. Also, in a conversation with the participants, Mrs. Boljević emphasized the importance of including Law Schools across the country in judicial reform as one of the points of convergence of theory, education of future judges and prosecutors, and practice itself. They also discussed the lack of high-quality dialogue on current issues that fall within the domain of legal philosophy by law faculty professors, the problem of the bar exam, and the unpaid work of young lawyers who begin their careers in courts and prosecutor's offices after law school.

All lectures within this training program will be realized with the support of the Open Society Foundation.


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