Judiciary

An independent judiciary is a cornerstone of democracy and the rule of law. In Serbia, courts and prosecutors formally operate as separate institutions - but sustained political pressure, opaque appointments, and selective enforcement have raised persistent questions about whether they function independently in practice. This section documents key developments affecting judicial independence.
October

The Constitutional Court rejected the proposal to declare unconstitutional and unlawful the REC decision of 24 August introducing curtained voting booths as an alternative to cardboard screens. Court President Vladan Petrov said the booths provide a higher level of secrecy of the vote, but that the Court did not examine how the rules will be applied or possible abuses during voting. The reasoning has not been published. Students, opposition parties and two REC members had argued that the booths make it easier to photograph ballots.
August

On 17 July 2026 the Government submitted to the National Assembly a draft Law on the Judicial Academy, with accompanying amendments to the Law on Judges and the Law on Public Prosecution. The package makes a certificate of completed Academy training the mandatory precondition for a first appointment as a judge or prosecutor, confirming the Academy as the single entry point into both professions. It entered procedure a day after the Venice Commission's urgent opinion, which found key recommendations implemented but insisted the legislative process remain transparent and inclusive.
July

On 1 July 2026, the Basic Court in Pancevo found ETF student Andrej Tanko guilty of obstructing an official under the Law on Public Order and Peace, sentencing him to a suspended six-month prison term with a two-year probation period. The charge concerned an August 2025 protest during which Tanko allegedly sprayed a police officer with water. His defense called the process politically motivated and announced an appeal to the Higher Court in Pancevo. Tanko became a symbol of non-violent student resistance in December 2024.
Update
Constitutional Court upholds REC decision on voting booths ahead of 25 October
The Court rejected the challenge eleven days before the election, without publishing its reasoning and without examining how the booths will work on election day.
Brief
Judicial Academy draft law would make one institution the sole gate to judicial careers
The government's draft law, in parliament since 17 July 2026, would make a certificate from the Judi...
Update
The 2026 EU Rule of Law report on Serbia: reform on paper, not in practice
The report finds too little real progress to advance - against the backdrop of Serbia's stalled path to the EU
Update
Andrej Tanko given suspended sentence, appeal announced
Court in Pančevo convicted ETF student Andrej Tanko of obstructing a police officer during a 2025 protest; his defense calls the verdict politically driven and will appeal.
Update
HPC returns prosecutors to TOK but uses same session for questionable secondments
The High Prosecutorial Council fulfilled one Venice Commission recommendation at today's extraordinary session - but simultaneously seconded inexperienced prosecutors to senior offices, a practice the upcoming legal reforms will prohibit. CRTA considers the full process since January a pattern of institutional abuse.
Brief
Venice Commission on Mrdić’s judicial laws
Under EU pressure, the Government moves to reverse course - VC approved proposals, but 2 recommendat...
Update
Court orders Slavko Ćuruvija Foundation to pay damages to acquitted former state security officers
The Second Basic Court in Belgrade ruled that a public statement by the Foundation - responding to the acquittal of four former state security officers for the 1999 murder of journalist Slavko Ćuruvija - violated the plaintiffs' honour and reputation. The ruling orders the Foundation to pay over one million dinars in damages and legal costs.
Update
Constitutionally guaranteed autonomy of the university under threat
The entry of members of the Criminal Police Directorate (UKP) into the Rectorate of the University of Belgrade is a precedent that raises serious constitutional and criminal procedural questions, and calls into doubt respect for the autonomy of universities guaranteed by the Constitution.
Brief
Election of members of the High Prosecutorial Council from among public prosecutors – procedur...
The process of electing five members of the High Prosecutorial Council from among public prosecutors...
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