New Constitutional Amendments in the Field of Judiciary inSerbia – A Step Towards Europe?
This paper analyzes the adoption process of the constitutional amendments in Serbia in the context ofthe fulfillment of the European political criteria, namely – the Rule of Law. As an EU candidate country,the Republic of Serbia is officially committed to the European principles and values, however,...
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| Format: | Article |
| Language: | English |
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Centre for Southeast European Studies
2023-07-01
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| Series: | Contemporary Southeastern Europe |
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| Online Access: | https://resolver.obvsg.at/urn:nbn:at:at-ubg:4-50562 |
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| Summary: | This paper analyzes the adoption process of the constitutional amendments in Serbia in the context ofthe fulfillment of the European political criteria, namely – the Rule of Law. As an EU candidate country,the Republic of Serbia is officially committed to the European principles and values, however, it is stillfacing democratic backsliding in some aspects. Hence, the adopted constitutional changes aimed atstrengthening the rule of law, by increasing legal certainty in the practices of judicial organs, andtherefore in the entire legal order. Accordingly, in this paper the implications of the process ofEuropeanization which intensified the discourse on the constitutional transformation of the Republic ofSerbia will be observed. Furthermore, the paper touches upon whether these introduced changes canequally reflect democratic strivings of the Republic of Serbia on its path towards the EU. In author’sview, the institutional changes are very much needed, however, in the case of Serbia, „the devil is in theimplementation”. In addition, it is pointed out to the risks of “window dressing” in the reform process,showing that the formal fulfillment of the requirements without substantial understanding and properlegal and political execution is not equal to the real constitutional progress on the (long) road to EUmembership. |
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| ISSN: | 2310-3612 |