The Rule of Law and the Croatian Judicial System: Court Delays as a Barrier on the Road to European Acession (original) (raw)
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The rule of law and the judicial system: court delays as a barrier to accession
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A sound and independent judiciary is a precondition for accomplishing the rule of law. Sound judiciary and citizens' trust in it are of critical importance in any state. However, the attainment of true judicial independence is a task faced both by old democracies and transition countries. For countries facing the challenge of EU accession, such as Serbia, good judiciary is not only an immanent value to be obtained, but will also be a key issue during the negotiation process. Since the adoption of the new constitutional framework in 2006, Serbia has embarked on the task of improving its judicial system. Unfortunately, this process was carried out under strong political influences, and had a devastating effect on the Serbian judicial corps, at the same time undermining any trust citizens had in the judicial force. Following the change of the political majority in the Parliament and the changes in government, the Serbian Ministry of Justice has undertaken the task of formulating a new Judicial Reform Strategy and Action Plan for its Implementation, which will be the core instruments to be used in the attempt to attain the two above-mentioned objectives: establishing sound and independent judiciary and meeting the relevant EU accession benchmarks. In this paper, the authors will give their critical account of the Serbian National Judicial Reform Strategy 2013-2018 and the Action Plan for its Implementation, identifying its major deficiencies and drawbacks. The authors will also analyse the planned and implemented changes of the Serbian regulatory framework.
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A sound and independent judiciary is a precondition for accomplishing the rule of law. Sound judiciary and citizens' trust in it are of critical importance in any state. However, the attainment of true judicial independence is a task faced both by old democracies and transition countries. For countries facing the challenge of EU accession, such as Serbia, good judiciary is not only an immanent value to be obtained, but will also be a key issue during the negotiation process. Since the adoption of the new constitutional framework in 2006, Serbia has embarked on the task of improving its judicial system. Unfortunately, this process was carried out under strong political influences, and had a devastating effect on the Serbian judicial corps, at the same time undermining any trust citizens had in the judicial force. Following the change of the political majority in the Parliament and the changes in government, the Serbian Ministry of Justice has undertaken the task of formulating a new Judicial Reform Strategy and Action Plan for its Implementation, which will be the core instruments to be used in the attempt to attain the two above-mentioned objectives: establishing sound and independent judiciary and meeting the relevant EU accession benchmarks. In this paper, the authors will give their critical account of the Serbian National Judicial Reform Strategy 2013-2018 and the Action Plan for its Implementation, identifying its major deficiencies and drawbacks. The authors will also analyse the planned and implemented changes of the Serbian regulatory framework.
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In anticipation of Croatia’s accession to the European Union, this article assesses the way in which the state has come to terms with the Serbian question and the practice of non-discrimination in the justice sector. The first part offers an historical review of the Serbian question in Croatia and the main laws that discriminated against non-Croats during the war and rule of President Franjo Tudjman (1991–1999). The second part evaluates the nature of judicial reform in light of the external demands placed on Croatia to improve relations with the Serbian minority and recent rulings from the European Court of Human Rights, which have questioned the capacity of the Croatian judiciary to provide an effective remedy in cases of human rights violations.