Venice Commission welcomes Serbia's implementation of seven out of nine key recommendations

STRASBOURG/VENICE - In a follow-up opinion, the Venice Commission has welcomed the implementation of seven out of nine key recommendations contained in its Urgent Opinion on amendments to Serbian laws governing the judiciary and the prosecution, and noted that the Serbian authorities had moved swiftly following the release of the Urgent Opinion in April this year to align the relevant legislative framework with the Commission's recommendations, demonstrating a cooperative approach and a genuine willingness to engage with the Venice Commission.

"At the request of Ms Ana Brnabic, President of the National Assembly of the Republic of Serbia, the Venice Commission prepared a Follow-up Opinion to the Urgent Opinion on the January 28, 2026 Amendments to Laws Governing the Judiciary and the Prosecution.

This Follow-up Opinion examines a set of draft amendments to the five laws which had been modified by the January amendments. It is noted that, following the publication of the Urgent Opinion, the Serbian authorities have moved swiftly to bring the relevant legislative framework into line with its recommendations, demonstrating a substantively cooperative approach and a genuine willingness to engage with the Venice Commission.

Notably, the Serbian authorities have submitted the draft amendments to the Commission for review prior to proceeding with their adoption. The Venice Commission welcomes and appreciates this constructive cooperation," the Commission said in the Follow-Up Opinion.

"On April 28, 2026, the Minister of Justice established a Working Group – which included representatives from key judicial and prosecutorial bodies and professional associations - to align Serbia’s legislative framework with the recommendations set out in the Urgent Opinion.

Subsequently, on May 6 and 7, 2026, two public hearings were held at the National Assembly to discuss possible legislative amendments. The Venice Commission welcomes the Serbian authorities’ cooperative and prompt efforts in implementing its recommendations.

The Venice Commission welcomes the fact that a considerable part (seven out of nine) of the key recommendations contained in the Urgent Opinion has been presently fully implemented in the draft amendments, namely key recommendations 1, 2, 3, 4, 5, 6 and 9.

As regards the remaining recommendations, the Venice Commission acknowledges that the Serbian authorities have taken measurable steps to align the applicable legislative framework with the Urgent Opinion, but certain aspects are still outstanding:

The Venice Commission notes that the institutional capacity of the TOK (Public Prosecutor's Office for Organised Crime) has been significantly reinforced and that a mechanism has been put in place to replace temporary appointments with regular appointments in the near to the medium term. Accordingly, this aspect of key recommendation 7 is fully implemented.

Regarding the reinstatement of prosecutors, it is observed that 2 of the 11 public prosecutors whose temporary assignments to the TOK were prematurely terminated have not been reinstated. This aspect of key recommendation 7 has therefore not been fully implemented.

The amendment concerning the selection process for the Head of the Special Department constitutes a positive step. Moreover, the establishment of a Working Group to further examine how to enhance the operational autonomy of the Special Department for Cybercrime is commendable.

The Commission acknowledges that the authorities have taken efforts to implement this recommendation at this moment in time. However, this recommendation will be considered fully implemented only if the Working Group analysis is completed in an inclusive way, within a reasonable timeframe, and followed by a legislative amendment or reform providing for a greater structural and operational autonomy to the Special Department.

With respect to judicial and prosecution remapping (the general recommendation contained in para. 99 of the Urgent Opinion), the Commission finds that the establishment of a Working Group to undertake further studies is a welcome step towards the implementation of this recommendation. The Commission further acknowledges that the authorities have taken efforts to implement this recommendation at this moment in time. Nevertheless, for this recommendation to be considered fully implemented, it is necessary that these studies are conducted in a comprehensive and inclusive manner, completed within the announced deadline, and lead to the relevant legislative amendments (if appropriate)," the Commission said.

"The Commission welcomes the commitment expressed by the Serbian authorities to swiftly implement its recommendations and stands ready to provide further assistance in this matter," it also said.

The Follow-Up Opinion was adopted at the Venice Commission's most recent plenary session, held on June 12-13.