Selection and Evaluation of Judges - Impact of Criteria and Procedure on Independence of Judiciary

Matić Bošković, Marina (2023) Selection and Evaluation of Judges - Impact of Criteria and Procedure on Independence of Judiciary. In: Regional Law Review: annual edition. Institute of Comparative Law, Belgrade, pp. 249-269. ISBN 978-86-82582-05-2

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Abstract

Ever since the adoption of the Constitutional amendments in February 2022, Serbia has been accelerating judicial reform, including adoption of new judicial package of laws in early 2023. Dozens of bylaws have to be adopted in 2023 to ensure implementation of the reforms. One of the key discussion topics is criteria and procedure for selection and evaluation of judges as instruments that ensure independence of judiciary. The selection and evaluation of judges are raising discussions in all countries that are in the process of the judicial reforms. The EU accession process is the main driver of judicial reforms across Western Balkan countries. In order to fulfil EU requirements, the Western Balkan countries are putting efforts to align the judiciary with the EU standards on independence. The article provides the brief comparative analysis on the criteria for the recruitment and evaluation of judges. The analysis consists of best practices of selected jurisdictions for the recruitment and evaluation of judges, with the focus on the competences judges need to have, criteria to apply for judicial office, weighting of different factors for selection/evaluation, including the mandatory nature of the decision of the selection committee. The article puts special focus on EU member states and EU candidate countries with the aim to ensure a combination of different practices and factors. Selected countries are grouped in three categories: old EU member states, EU-11** and the EU candidate countries. Lessons learned from comparative examples and from previous Serbian experience could provide useful input for decision makers in the process of judicial reforms to establish legislative framework that ensures independence of judiciary.

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