Judicial self-governance in Serbia: Challenges to and results of a quantitative approach

Serbia has been continuously changing its judicial regulation landscape since 2000, in an effort to assert judicial independence and judicial self-governance, under strong EU external conditionality. The authors utilize the Judicial Self-Governance Index developed by Šipulová et al. as the main meth...

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Main Authors: Knežević-Bojović Ana, Ćorić Vesna
Format: Article
Language:English
Published: Union University, Faculty of Law, Belgrade 2024-01-01
Series:Pravni Zapisi
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402352K.pdf
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author Knežević-Bojović Ana
Ćorić Vesna
author_facet Knežević-Bojović Ana
Ćorić Vesna
author_sort Knežević-Bojović Ana
collection DOAJ
description Serbia has been continuously changing its judicial regulation landscape since 2000, in an effort to assert judicial independence and judicial self-governance, under strong EU external conditionality. The authors utilize the Judicial Self-Governance Index developed by Šipulová et al. as the main methodological tool aimed to determine whether the achieved level of judicial self-governance in Serbia is consistent with the demands of external conditionality. The research shows that judges control over 50% of relevant competencies, with a gradual increase in judicial self-governance in Serbia during the 2003-2023 period. This is consistent with the external conditionality demands and with the de iure implementation of the judicial council model. The research also points to some limitations of the applied methodology and highlights the need for a comprehensive examination of de facto judicial self-governance, while giving due regard to all integral parts of the complex rule of law principle.
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publisher Union University, Faculty of Law, Belgrade
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spelling doaj-art-de6b82abc82845f3afd056a1d5c9e9fb2025-02-05T13:18:11ZengUnion University, Faculty of Law, BelgradePravni Zapisi2217-28152406-13872024-01-0115235239310.5937/pravzap15-542362217-28152402352KJudicial self-governance in Serbia: Challenges to and results of a quantitative approachKnežević-Bojović Ana0https://orcid.org/0000-0002-3746-5747Ćorić Vesna1https://orcid.org/0000-0003-4240-7469Institute of Comparative Law, Belgrade, SerbiaInstitute of Comparative Law, Belgrade, SerbiaSerbia has been continuously changing its judicial regulation landscape since 2000, in an effort to assert judicial independence and judicial self-governance, under strong EU external conditionality. The authors utilize the Judicial Self-Governance Index developed by Šipulová et al. as the main methodological tool aimed to determine whether the achieved level of judicial self-governance in Serbia is consistent with the demands of external conditionality. The research shows that judges control over 50% of relevant competencies, with a gradual increase in judicial self-governance in Serbia during the 2003-2023 period. This is consistent with the external conditionality demands and with the de iure implementation of the judicial council model. The research also points to some limitations of the applied methodology and highlights the need for a comprehensive examination of de facto judicial self-governance, while giving due regard to all integral parts of the complex rule of law principle.https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402352K.pdfjudgesjudicial self-governancejudicial counciljudicial self-governance indexrule of laweuropean unionexternal conditionalityserbia
spellingShingle Knežević-Bojović Ana
Ćorić Vesna
Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
Pravni Zapisi
judges
judicial self-governance
judicial council
judicial self-governance index
rule of law
european union
external conditionality
serbia
title Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
title_full Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
title_fullStr Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
title_full_unstemmed Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
title_short Judicial self-governance in Serbia: Challenges to and results of a quantitative approach
title_sort judicial self governance in serbia challenges to and results of a quantitative approach
topic judges
judicial self-governance
judicial council
judicial self-governance index
rule of law
european union
external conditionality
serbia
url https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2024/2217-28152402352K.pdf
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