The Venice Commission has issued a series of recommendations to Serbia following judicial reform
The Venice Commission, an advisory expert body of the Council of Europe, has issued an urgent opinion on amendments to a series of laws concerning the judicial system and the prosecution service in Serbia. The document was prepared following a request from the Serbian government.
The document was published on April 24.
The amendments concern five laws adopted in early 2026 that relate to the organization of the courts and the prosecution service. The changes, in particular, affected the level of hierarchical control within the prosecution service, expanded the grounds for the appointment and reappointment of judges and prosecutors, and altered the procedure for temporary appointments.
The Commission noted that it generally understands the reform goals stated by the Serbian authorities, but warns that certain provisions could weaken guarantees of the independence of the judicial system and the prosecution service.
Among the Venice Commission’s key recommendations:
– Consider prosecutors’ objections to hierarchical decisions within an independent commission of the High Council of the Prosecutor’s Office, rather than within the Prosecutor General’s Office;
– Abolish the requirement for the Minister of Justice’s approval of international agreements;
– Limit temporary appointments of prosecutors general to a term of up to one year without the possibility of reappointment;
– Allow temporary appointments of prosecutors only to positions of the same level;
– establish a transparent system for filling positions in the prosecutor’s office responsible for combating organized crime;
– grant greater autonomy to the special unit on cybercrime;
– introduce non-renewable terms for court presidents, with certain exceptions for small courts.
Separately, the commission emphasized that such reforms must be adopted transparently and following broad public debate. The report also noted that these principles were not fully adhered to.
At the same time, the Venice Commission noted the Serbian authorities’ willingness to take the recommendations into account and expressed readiness to provide further expert support.
The opinion is scheduled to be adopted at the plenary session in June.
As a reminder, Belgrade plans to complete all administrative and technical procedures for integration into the European Union by the end of this year.
