EU calls on Serbia to fully implement Venice Commission recommendations
Express newspaper
28/04/2026 6:45
The European Union (EU) is calling on Serbia to fully implement all recommendations of the Venice Commission regarding judicial laws and at the same time to suspend the implementation of these laws until they are amended.
European Commission (EC) spokesperson Guillaume Mercier stated that the Venice Commission’s opinion is fully in line with the EC’s position.
“We now expect Serbia to fully implement all the recommendations of the Venice Commission as soon as possible. This should be done in accordance with a transparent and inclusive consultation process with all stakeholders, including the European Commission and the Venice Commission,” Mercier’s spokesperson said.
Amendments to the judicial laws in Serbia were adopted in January this year. The EU assessed this as a serious step back for Serbia on its path towards the EU, as the amendments limit the independence of the prosecution.
On April 24, the Venice Commission assessed that recent amendments to a number of judicial laws in Serbia remove previously existing protections for prosecutorial autonomy.
This Council of Europe expert body issued nine recommendations for Serbia on how to address the shortcomings:
Return to a non-hierarchical system of deciding on objections to binding instructions, as well as decisions on transfer of jurisdiction and substitution.
The decision on objections to the annual work program of the public prosecution office should remain within the jurisdiction of the High Prosecutorial Council.
Instead of mandatory prior consent, the law should specify in which cases the High Public Prosecutor’s Office is obliged to inform the Ministry of Justice about international cooperation agreements.
Temporary appointments of chief public prosecutors should be limited to one year, without the possibility of reappointment.
Exclude the possibility of re-election of chief public prosecutors to the same position after the expiration of their mandate.
Eliminate the possibility of repeating temporary assignments and limit them to the same hierarchical levels. Temporary assignments should remain exceptional.
Prosecutors whose temporary appointments were terminated prematurely should be returned to their positions in the Organized Crime Prosecution Office, introducing a mechanism for their gradual replacement through regular appointments.
Ensure greater structural and operational autonomy for the Special Department for High-Tech Crimes.
The mandates of court presidents, as a rule, should not be renewed, with exceptions in limited cases and exceptional circumstances.
According to a Brussels spokesperson, the EU takes into account the content of the Venice Commission’s opinion and calls on Serbia to postpone the implementation of the adopted laws in the meantime.
Without changes to these laws, Serbia risks suspension of payments of European funds. /The Geopost