REGIONAL COOPERATION AND ECONOMIC INTEGRATION

PART IV:
Congress in 1985. As a consequence of the adoption of the Basic Principles by the UN
General Assembly, each member state is expected to guarantee the independence of its
judiciary in its constitution or the laws of the country.
Independence of the judiciary is the value that is affirmed by both United Nations and the
European Union. Namely, it is the subject of the European Convention for the Protection
of Human Rights and Fundamental Freedoms, as well as specific recommendations on the
independence, efficiency and role of judges made by the Committee of Ministers of the
Council of Europe (R-94/12).
Independent judiciary and the separation of powers assume the central position in
the intensified process of regional cooperation and the integration of Serbia in the EU.
Establishment of an independent judiciary in the Republic of Serbia is set as a priority in
the reform process by the European Commission and the Council of Europe. Since the
reform of the judiciary system is a priority in the process of Serbian attempts to join the
EU, it is necessary to establish independent, competent and efficient judiciary capable of
enforcing laws by European standards. For that reason, the Ministry of Justice has proposed
the National Judiciary Reform Strategy, which was adopted by the National Assembly on
May 25th of 2006. Its basic objective is to restore public trust in the judicial system of the
Republic of Serbia by establishing the rule of law and legal certainty.
The judicial independence becomes one of the necessary conditions for the improvement
of regional cooperation and inclusion of Serbia into European integrations. It is a priority
of the reform financed by the EU through European Agency for Reconstruction, and is
undertaken by the Council of Europe Parliamentary Assembly.
When discussing the Republic of Serbia, we should not forget that in the last half century, the
judiciary in Serbia was in the unity government. It is then the separate state functions, not a
separate government, which is independent of the legislative and executive authorities. The
principle of separation of powers is a prerequisite for the independence of the judiciary.
However, he only proclaimed the Constitution of Serbia in 1990, and the Constitution of
Yugoslavia in 1992. After half a century long experience of the unity government, the
independence of the judiciary remained only at the level of constitutional proclamation.
Therefore, it is necessary for a comprehensive reform of the judiciary with the goal of
establishing high-quality, independent and effective judiciary that will guarantee the rule
of law.
3. Reform of the judiciary - a necessary condition for the inclusion of Serbia into the
European Integration
Reform of the judiciary in Serbia is the central point in the process of joining the European
Union. The reason for this is an imperative to ensure that laws governing the area of the
judiciary are compliant with standards and practices the Council of Europe.
Since the reform of the Serbian judiciary a priority in the process of Serbia joining the
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