Representatives of parliamentary groups that make up the opposition in the National Assembly had an online meeting today with representatives of the Venice Commission, with whom they discussed the new Draft Law on the Judicial Academy.
The Head of the Party of Freedom and Justice Parliamentary Group, Marinika Tepic, expressed her concerns regarding the lack of a public debate on the draft law, which was vital and without which it is unacceptable for the process of its adoption to proceed. She also expressed concern that with the adoption of this piece of legislation, the Judicial Academy would become the only way to select judges and prosecutors, and thus a source of influence of the executive branch on the judicial system, especially if it is adopted outside the package of other judicial laws. Tepic added that the supervision of the Academy's work also remains controversial and that the body that carries out supervision should not include the relevant minister.
The Head of the WE – VOICE FROM THE PEOPLE Parliamentary Group, Branko Pavlovic, pointed out that the main shortcoming of the draft law is its concept, that is, that the expertise and qualifications of candidates are determined on the basis of the Academy's certificates, thus preventing the High Judicial Council and the High Prosecutorial Council from selecting judges and prosecutors. He added that the Judicial Academy has not justified its role, and the professional community believes that it should be executed through the continuous education of judges and prosecutors, and not through their selection. Pavlovic also pointed out that the presence of the Minister of Justice on the Academy's Board of Directors is unacceptable, as well as the legality of the Academy's work and the idea of adopting this legislation before the adoption of the laws on the High Judicial Council, the High Prosecutorial Council and on judges, which would ensure the standardisation of the Academy. Pavlovic added that the Academy has so far not achieved any positive results that would justify its receiving such prominence, and that he believes this draft should be withdrawn.
Verica Milanovic, MP of SERBIA CENTRE - SRCE Parliamentary Group, agreed with her colleagues in criticising the lack of public debate on the draft law and the competencies that the Judicial Academy would receive, which would lead to the collapse of the judiciary and a decrease in the quality of work. She added that the composition of the Board of Directors, which would include the Minister of Justice, is questionable, as is the fact that the draft does not prescribe conditions for lecturers. She also expressed the view that this law should not be adopted now.
MP Dr Ana Jakovljevic, representing the People’s Movement of Serbia - New Face of Serbia Parliamentary Group, also agreed with her colleagues’ remarks and added that the problem in our system is the way institutions function and the implementation of regulations, because we do not have expertise, but political influence. She stated that our institutions are fragile, we have a regime that is moving towards autocracy and this law, if passed, would only harm the country's judicial system. She also emphasised, like her colleagues, that it is unacceptable for the Judicial Academy to become the only channel for the selection of judges and prosecutors and pointed out that this is not in accordance with the Constitution of the Republic of Serbia.
All the MPs who participated in the online meeting with the representatives of the Venice Commission agreed that the focus of the Judicial Academy's work should be on the educational process and training of elected judges and prosecutors, and not a condition for their election to office, and that such a law should be withdrawn from the procedure.
The meeting was also attended by MP Ana Krstic of the WE – VOICE FROM THE PEOPLE Parliamentary Group.