Following the completion of the comprehensive assessment of the effective legal framework relating to ethic of judges and comparative practice in the European Union countries, the Project experts finalised the analysis “Judges Ethics in Serbia - Analysis of Legislative Framework with Recommendations for Enhancement”.
The aim of the Analysis is to present the legal framework regulating the issue of ethics of judges in Serbia, relevant international legal framework, as well as a comparative legal review in this area, and formulate recommendations for improving the regulatory framework for ethics of judges in Serbia as well as for regulating the status and competencies of the Ethics Committee of the High Judicial Council.
The recommendations were grouped into the five sections as follows:
- Recommendations concerning the revision of the provisions of the Code of Ethics, in order to improve and harmonize the rules on the application of the principles themselves, which imply the possibility of introducing new principles.
- Recommendations regarding the regulation of the Ethics Board as a permanent working body through amendments to the law on the HJC of the judiciary, as well as the regulation of the way of its work, composition, competences and other members.
- Recommendations regarding the possibility of deleting a disciplinary offense violation of the provisions of the Code of Ethics to a larger extent from the catalogue of disciplinary offenses.
- Recommendations regarding the revision of the training program in the field of judicial ethics.
- Recommendations regarding the active affirmation of judicial ethics and monitoring the implementation of the Code of Ethics.
The utmost importance and effect of the analysis was guidance for judges on issues of judicial integrity and independence, judicial diligence and impartiality, competence and accountability, dedication i.e. permissibility of extra-judicial activities, freedom of associations and avoidance of impropriety, as well as the distinction between breaches of the Code of Ethics and disciplinary offences.