Venice Commission: Serbia’s judicial reforms contain shortcomings but move in right direction

The Council of Europe’s Venice Commission has issued its latest opinion on Serbia’s judicial reform package, warning that recent amendments to key laws still contain “several shortcomings” that could affect the independence of the judiciary and the autonomy of the prosecution service.

In its opinion adopted in June 2026 the Commission assessed amendments to the Law on Judges, the Public Prosecutor’s Office, the High Prosecutorial Council, and related legislation adopted by the Serbian parliament earlier this year.

While the Commission acknowledged Serbia’s ongoing reform efforts and noted progress compared to earlier drafts, it stressed that some provisions continue to raise concerns regarding safeguards for judicial independence and prosecutorial autonomy.

According to the opinion, certain changes affecting governance structures within the judiciary and prosecution service may increase the risk of external influence, particularly in areas such as appointment procedures, disciplinary mechanisms, and institutional decision-making. The Commission warned that such provisions, if not properly balanced with safeguards, could weaken existing protections designed to ensure independence.

At the same time, the Venice Commission welcomed the fact that Serbia continues to engage with European legal standards and that previous constitutional reforms adopted in 2022 had already moved the country closer to Council of Europe benchmarks. However, it emphasised that legislative consistency and full implementation of safeguards remain essential for the credibility of the reform process.

The opinion includes a set of recommendations calling on Serbian authorities to strengthen institutional guarantees of independence, ensure transparent and merit-based procedures for judicial and prosecutorial appointments, and improve the role and functioning of the High Judicial Council and High Prosecutorial Council. It also calls for clearer legal drafting to reduce ambiguities that could lead to inconsistent interpretation in practice.

The Commission further urged Serbian authorities to continue working closely with Council of Europe experts and to revise contested provisions in line with European standards. It reiterated that judicial independence remains a cornerstone of the rule of law and a key requirement for all Council of Europe member states.

The opinion will be formally submitted for endorsement at the Venice Commission’s June plenary session and forms part of ongoing monitoring of Serbia’s justice reforms, which remain closely watched in the context of the country’s E