Attacks on Justice 2005: Serbia and Montenegro

Aug 15, 2008

Serbia and Montenegro (Yugoslavia until February 2003) entered the process of democratic transition, the creation of a system based on the rule of law, much later than other former socialist countries.

On 4 February 2003 the new state union of Serbia and Montenegro was proclaimed. Under the Constitutional Charter of the State Union of Serbia and Montenegro, there is only one instance of Serbia and Montenegro having a common judiciary – the Court of Serbia and Montenegro.

Otherwise, each state – the Republic of Serbia and the Republic of Montenegro – has its own internal courts system.

A set of important judicial reforms came into force on 1 March 2002 in the Republic of Serbia and in July 2002 amendments to these laws were made that violate the principle of separation of powers and the independence and impartiality of the judiciary.

In Montenegro, several laws relating to the judiciary were passed or amended during 2003.

On 19 March 2003, the National Assembly of the Republic of Serbia dismissed 35 judges from office, including seven Supreme Court judges, amid accusations that the judiciary had failed to take tougher measures in dealing with remnants of the former regime as well as in prosecuting organized crime. The legal system in Serbia and Montenegro is still characterized by a number of contradictory and inconsistent regulations, resulting in legal insecurity.

Serbia & Montenegro-Attacks on Justice-Publication-2008 (full text, PDF)

Attacks on Justice 2005: Czech Republic

Aug 15, 2008

The 1992 Czech Constitution was amended in 2001 with the goal of conforming to the obligations of future EU membership, which occurred on 1 May 2004.

The ‘European amendment’ introduced changes in the application of international treaties and revised the powers of Parliament, the Constitutional Court and ordinary courts.

Judicial reforms in 2002 were followed by the creation of the Supreme Administrative Court, the Judicial Academy and judicial councils, and an increase in the powers of prosecutors through amendments to the Law on State Prosecution and the Criminal Procedure Code.

However, the judicial system still has a significant problem with regard to lengthy proceedings. Executive interference within the judiciary has been reported.

Czech Republic-Attacks on Justice 2005-Publications-2008 (full text, PDF)

Attacks on Justice 2005: Albania

Aug 15, 2008

Albania has continued reforming its legal system in the framework of its democratization process.

Meanwhile, the authorities must also cope with other serious challenges such as the fight against human and drug trafficking and the dismantling of organized crime.

Although the Constitution provides for an independent judiciary, political pressure, intimidation, endemic corruption, bribery, and limited resources have hampered the independent and efficient functioning of the judiciary.

A law on disclosure of personal assets was adopted in April 2003 to thwart the pervasive corruption in Albanian society, including the judiciary. Two important measures were adopted in order to improve the judicial system: the adoption in March 2004 of the Law on the Protection of Judges and Witnesses and the establishment of the Serious Crime Courts in January 2004 to deal with trafficking and organized crime.

On 12 October 2003, local elections in many major Albanian cities tested the performance of the new Electoral Code. Unfortunately, according to international observers, these elections fell short of international standards.

Albania-Attacks on Justice 2005-Publications-2008 (full text, PDF)