The Accession of the Republic of Serbia to the European Union and the independance of judiciary Cover Image

Приступање Републике Србије Европској унији и независност правосуђа
The Accession of the Republic of Serbia to the European Union and the independance of judiciary

Author(s): Nenad Stefanović, Marko Stanković
Subject(s): EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: Justice;negotiation chapters;independent;the European Union;Chapter 23 and 24

Summary/Abstract: In January 2014, the Republic of Serbia as a candidate member opened the negotiating chapters of accession to the European Union. There are certain conditions that each country as a future member must meet and the same is prescribed for the Republic of Serbia. The European Union has adopted a set of legal rules which each candidate has to enforce in order to harmonize national legislation and institutions which are called acquis communautaire. The number of the negotiating chapters has been changing. From 31 as it was necessary for Bulgaria or Romania, the number of chapters increased to 35 in the case of Montenegro, Croatia and Serbia. In the paper, the authors are specifically interested in two chapters: Chapter 23 - Judiciary and fundamental human rights and Chapter 24 - Justice, security and safety. The authors’ attention is focused primarily on Chapter 24 and the fact that the EU insists that the judiciary of new accession candidates should be transparent and independent of the influence of other branches of the government. Hence, it is to be expected that the Republic of Serbia will adopt the European standards and harmonize its domestic legislation and provide the conditions for an independent and efficient judiciary exempt from any external influence and corruption. In this work, the authors analyze the contents of the chapters and the situation in the judiciary of the Republic of Serbia, as well as the possibilities for their closure in the context of the full implementation of the directives contained therein.

  • Issue Year: 2018
  • Issue No: 63
  • Page Range: 22-31
  • Page Count: 10
  • Language: Serbian