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The annual report of the European Commission (EC) on the progress of our country in 2021 assesses that there is “some progress” in the dynamics of the reform processes in the judiciary. This deviates from the assessments given in the reports for 2020 and 2019, where the processes were assessed with “good progress”, which indicates that this year the Commission is more reserved in terms of reform processes in the field of justice. In this part it is necessary to note the fact that in the reporting period our country was facing a pandemic caused by COVID-19, which affected the dynamics of court proceedings.

The progress this year, as well as last year, is due to the implementation of the Strategy for Reform of the Judicial Sector 2017 – 2022 (Strategy), which further addresses the recommendations given by the Venice Commission and the group of senior experts on systemic issues in the rule of law. However, the need for consistent and strengthened implementation of the reforms envisaged in the Strategy for Reform of the Judicial Sector was emphasized again, which especially emphasized the need for intensified implementation of the revised action plan. This conclusion of the EC is in line with the findings of the Blueprint Group on Judiciary set out in the latest analysis of the implementation of the Strategy which states that the entire process of implementation of the Strategy and Action Plan for 2020 was partially transparent and inclusive, while the time frame for the adoption of laws, despite the adoption of the revised action plan, was largely exceeded. The findings in this section are the same for the process of implementation of the Strategy in the first half of 2021.

In its analysis, the Blueprint Group on Judiciary, in relation to the laws it follows, notes that the inclusion/involvement of stakeholders, including civil society organizations, in the preparation of laws is to some extent satisfied. The EC report notes that CSOs have continued to be active and play an important role in the reform process. Additional efforts are needed to ensure a more timely, meaningful, transparent and structured consultation process with civil society.

Regarding the legislative framework, for the first time in the part of key recommendations, the need for adoption of a new Law on Civil Procedure is emphasized, as a systemic law whose drafting the Blueprint group assessed as inclusive. The draft law is currently in parliamentary procedure. The Commission pays particular attention to the adoption of the new Law on the Academy for Judges and Public Prosecutors, to observe the recommendations of the evaluation mission from 2018 and the Academy to remain the only point of entry into the judiciary and prosecution, which will ensure fair and transparent access to these professions. The draft law on the Academy for Judges and Public Prosecutors, although submitted, was not adopted by the previous parliamentary composition to be returned to the Ministry of Justice for finalization. It is currently in parliamentary procedure.

The restraint of the commission is especially noticeable in relation to the action of the Judicial Council. Last year’s report particularly emphasized the Council’s proactive role in maintaining judicial independence and impartiality and its transparency and openness, while this report emphasized the need for the Council to maintain its role as guardian of the independence and impartiality of judges. The findings of the Blueprint Judicial Group indicate that despite the improvement of the legal framework for the competencies of the Judicial Council of the RSM, it is of great importance the appropriate and consistent practical application of the legal provisions by the Judicial Council of the RSM and especially the promotion of proactivity in preserving independence. and the impartiality of the judiciary in the exercise of its other competencies (especially digitalization of the judiciary, application of ICT technology in the judiciary, etc.).

The restraint of the commission is especially noticeable in relation to the action of the Judicial Council. Last year’s report particularly emphasized the Council’s proactive role in maintaining judicial independence and impartiality and its transparency and openness, while this report emphasized the need for the Council to maintain its role as guardian of the independence and impartiality of judges. The findings of the Blueprint Group on Judiciary indicate that despite the improvement of the legal framework for the competencies of the Judicial Council of the RNM, it is of great importance the appropriate and consistent practical application of the legal provisions by the Judicial Council of the RNM and especially the promotion of proactivity in preserving independence and the impartiality of the judiciary in the exercise of its other competencies (especially digitalization of the judiciary, application of ICT technology in the judiciary, etc.).

The Commission noted the efforts of the Association of Judges and the Judicial Media Council to promote transparency in the judiciary. It is especially important that the report notes the need for the Council of Public Prosecutors to allow journalists to attend the sessions.

It is important to continue implementing the legal framework and strategic plans related to the reform of the Judicial Council and the Council of Public Prosecutors. The EC notes that in November and December 2020, the new Strategies for human resources in the judiciary and prosecution were adopted. But the need for their implementation is also emphasized, especially in the area of ​​new employments. The EC emphasizes the need to recruit new public prosecutors in the fight against corruption.

This year, as in previous years, the Commission expresses concern over the budget allocated to the judiciary and the public prosecutor’s office. Namely, the court budget at the moment is 19.5 EUR per capita, compared to the average in the Western Balkans of 38 EUR per capita, which is twice more. The European Commission also notes that the budget allocated to courts, public prosecutors and the budget for legal aid has decreased by 8.3% compared to 2019. In May 2021, SNER published a notification for the beginning of the preparation of the Law on Court Budget. The projected percentage of GDP that is intended for the judiciary in accordance with the Law on Judicial Budget has not been realized for years and the measures in the Strategy which envisage an increase in the judicial budget are not fulfilled.

There is a positive step forward in the area of ​​alternative dispute resolution, where in 2020, the number of cases resolved through mediation increased by 55% compared to 2019. The new Draft-Law on Mediation aims to further promote the concept of mediation and is currently in parliamentary procedure. However, in order to fully promote mediation, the EC emphasizes the need to promote it. The EC also welcomes the efforts of the Supreme Court and the four appellate courts to improve the consistency of judgments and harmonize case law.

Recommendations to address the challenges identified in the report[1]

An analysis of the content of the report shows that many of the old challenges remain. The assessment in terms of progress is a warning and in the next period, it is necessary for our country to focus especially on the reform processes in the field of justice by intensifying the reforms provided in the Strategy for Reform of the Judicial Sector. In this context, it is essential to intensify the process of inclusion, as well as a timely, meaningful and transparent consultation process with civil society. It is additionally necessary:

[1] The recommendations are based on the findings of the EC report and the findings of the analysis, reports of the Blueprint Group on Judiciary and civil society organizations – members of the group.

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27 October 2021