Ambassador Hans Ola Urstad OSCE Perspective Head of the OSCE Mission to Serbia
OSCE: SERBIAN LAW REFORM ON TRACK BUT LACKS SPEED AND CONSISTENCY
> Ambassador Hans Ola Urstad, Head of the OSCE Mission to Serbia, finds Serbia’s legal processes considerably improved but still lagging behind in speed and thoroughness of legislation and in implementation of necessary laws. <
Your mission in Serbia includes ad- vising on legislative changes and monitoring the implementation of laws. What is your impression on the progress Serbia has made so far in the legislative area?
If you refer to the whole nine-year period after Milošević, Serbia has made substantial progress in reforming the ju- diciary, law enforcement and strengthen- ing the rule of law. Numerous laws have been drafted and adopted. However, some laws are now long overdue--such as the law regulating the work of NGOs, which has been in the legislative proce- dure for many years. Important laws that were recently ad- opted set the stage for a comprehensive reform of the judiciary and law enforce- ment and are crucial for a more efficient fight against corruption and organized crime.
The Crucial Test
While the progress made in drafting and adopting laws is remarkable, their implementation is the crucial test for demonstrating genuine commitment to reform. However, there is still room for im- provement in the process of drafting laws. Some laws are adopted in a rush and without sufficient public debate. And, of course, consultations among concerned ministries must be standard practice to avoid conflicting provisions in legislation. The methodology of drafting also things, further define the role of prosecu- mestic court judgments remain issues of needs to improve. For instance, the draft- tors. concern. Improved functioning of the ju- ers of new laws should assess what diciary will largely depend on the proper impact the given law would have on What would be the main areas in implementation of the judicial reform other legislation and suggest appropriate which Serbia needs to improve its strategy. Also proper implementation of changes known as ‘regulatory impact as- legislative framework? the existing legal framework is crucial for sessment’. an efficient, democratic and accountable At present, we are assisting the Gov- The Serbian legislative framework police service. ernment in planning and prioritizing its has improved remarkably in crucial areas Serbia’s progress in fighting corruption legislative agenda, in introducing routine such as justice, law enforcement and the has been uneven and, on the whole, too assessment of regulatory impact of pro- media, but I can’t stress enough that the slow. The Mission continues to support ef- posed legislation and in developing a proper implementation of laws is crucial forts of the authorities aimed to implement binding methodology for drafting of new for Serbia. Implementation of laws re- legislation in this area, which was adopted laws. quires proper strategies and action plans in the end of 2008, and to make fully op- to be developed and put into practice. erational state anti-corruption structures Would you comment on the newly There is a significant amount of work to and institutions. Effective functioning of the adopted judiciary laws that caused be done in this area, and we are ready to State Audit Institution is one of the priori- some controversy among the legal assist. I would like to mention that Ser- ties that should not be further delayed. community in Serbia? OSCE’s Main Goals The package of judicial laws was ad- opted in December, 2008 after a long discussion. These laws are necessary to In 2009 we will continue to provide assistance to Serbia restructure the judiciary and to set up a in its reform efforts aimed at strengthening independent, new network of courts, as foreseen by accountable and effective democratic institutions, particu- the Constitution. The Constitution also en- larly in the fields of rule of law, human rights, media and visions setting up the High Court Council and the State Prosecutorial Council that law enforcement. Of course all of our work is done in close are to govern the work of judges and partnership with the Serbian Government and other part- prosecutors, respectively. The key contro- ners. We will also continue to assist with the implementa- versy arises from the Constitution adopted tion of legislation, monitor the functioning of democratic in 2006, and not from these laws. The institutions, facilitate the return of refugees and internally Constitution stipulates that all members of the High Court Council be elected, directly displaced persons and promote economic security and or indirectly, by the National Assembly. sustainability in Serbia. In particular we will continue to Many lawyers consider that such a proce- advise and assist Serbian authorities on the implementation dure presents a risk of politicization of the of the adopted laws: Law on Seizure and Confiscation of the appointments. Proceeds of Crime, the judicial package of laws, the Law on The adopted law on the High Court Council and State Prosecutorial Council at- Anti-Corruption Agency, as well as in capacity building of tempts to address this issue and to create new institutions. safeguards against undue political influ- ence. bia possesses a wide range of secondary The legal media framework in Serbia is legislation such as by-laws that regulate generally in line with OSCE commitments. Judicial Training Needed central aspects of--for example--law en- Again, implementation has to be im- forcement. These are crucial for imple- proved. There is also a need to strengthen The OSCE Mission worked together mentation of laws and it is in the interest the guarantees for the independence and with the Prosecutor’s Association of Serbia of Serbian citizens to be aware of these accountability of the regulatory bodies and developed criteria for evaluation and regulations and in the interests of Serbian and transparency of the license-awarding promotion of Prosecutors. Moreover, the democracy to make them more transpar- procedure through amendments to the OSCE Mission is deeply engaged in sup- ent, thus improving the accountability of Broadcasting Law. OSCE Perspective
porting the creation of a Judicial Training government agencies. In regard to European integration Academy that will help to improve the the issue of finding and extraditing the quality of future candidates to the posi- Slow Courts remaining ICTY indictees should be seen tions of judges and prosecutors. In ad- as a priority, as well as the adoption and dition to this, the OSCE is providing its To move to specifics in particular ar- implementation of the set of necessary support to the drafting of a new criminal eas: over-lengthy civil and criminal pro- laws and measures for the visa liberaliza- procedure code that will, among other ceedings and non-enforcement of do- tion process.
25 Perspective April, 2009