The Uniform Application of Law - EU Standards and Challenges in Serbia

Kolaković-Bojović, Milica and Tilovska Kechegi, Elena (2018) The Uniform Application of Law - EU Standards and Challenges in Serbia. In: Yearbook. No. 1, Human Rights Protection "From Unlawfulness to Legality". Provincial Protector of Citizens - Ombudsman ; Institute of Criminological and Sociological Research, Novi Sad ; Belgrade, pp. 115-135. ISBN 978-86-89417-08-1

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Abstract

The uniformity of case law remains an imperative in process of strengthening the rule of law all around the world. In spite of differences in status that case law has in the hierarchy of the sources of law in particular country, from the perspective of citizens, uniform application of law ensures the equality before law and the possibility to, based on earlier decisions in identical or similar cases, predict the outcome, duration and costs of the decision-making process. That possibility is essential for access to justice. In parallel, from the angle of judges, uniform application of law is an important border line between their freedom of judicial discretion and possibility and/or obligation to follow earlier decisions in similar cases. In the context of achieving EU standards in the process of accession negotiations with EU, a decision of authorities on how to regulate conditions, processes and means to ensure the uniform application of law does not depend anymore only from legal tradition and wishes of legal professionals and stakeholders. This became obvious also for Serbian authorities in the process of constitutional changes aimed at strengthening independence of judiciary, where balancing judicial independence and uniformity of case law appears as a one of the greatest challenges.

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