The Venice Commission has issued an urgent opinion calling on Serbia to address shortcomings in recently adopted amendments to its judicial laws, warning that the changes weaken safeguards previously designed to protect the autonomy of the public prosecution system.
The amendments, proposed by ruling Serbian Progressive Party lawmaker Uglješa Mrdić, were adopted on January 28, 2026. Following criticism from legal experts and the European Union, Serbian Parliament Speaker Ana Brnabić requested an opinion from the Venice Commission.
According to the explanations submitted to the Commission, the purpose of the legislative changes was to improve the efficiency of the judiciary and the public prosecution system, while also strengthening legal clarity and institutional consistency. However, the Commission concluded that the amendments go beyond technical adjustments and significantly affect the balance of authority within the prosecution system.
In its assessment, the Commission noted that the changes alter the distribution of powers and the scope of hierarchical control within the Public Prosecutor’s Office. It also pointed to broader use of temporary appointments and reappointments in both the judiciary and prosecution, modifications to the temporary reassignment of prosecutors, and plans for a new territorial organization of certain basic courts and prosecution offices in Belgrade.
The Commission stressed that reforms affecting two areas of exceptional public importance — the judiciary and the prosecution service — should have been preceded by a serious public debate, consultations with domestic experts and a thorough impact assessment. It expressed regret that none of these elements were adequately present in this case.
For that reason, the Venice Commission recommended that future legislative processes in Serbia follow the principles of transparency, inclusiveness and democratic debate in a more consistent and rigorous manner.
On the substance of the amendments themselves, the Commission acknowledged the legitimacy of the authorities’ stated goals, including improving efficiency and creating a clearer legal framework. At the same time, it identified several weaknesses that, both individually and cumulatively, remove protections that had previously served to preserve prosecutorial autonomy.
The opinion includes a number of recommendations aimed at correcting these concerns. The Commission welcomed the stated readiness of the Serbian authorities to take the necessary steps to implement its guidance and said it remains available to provide additional assistance.
Earlier, Serbian Justice Minister Nenad Vujić said the country would be prepared to enter a process of correcting the new judicial laws only if the Venice Commission raised substantive objections.
The urgent opinion is expected to be formally adopted at the plenary session of the Venice Commission, scheduled for June 12 and 13, 2026.
