The Action Plan for Chapter 23: Strategic Framework for Improving Relations Between the Judiciary and Media in the Republic of Serbia

Kolaković-Bojović, Milica (2017) The Action Plan for Chapter 23: Strategic Framework for Improving Relations Between the Judiciary and Media in the Republic of Serbia. In: Međunarodni naučni tematski skup "Pravosuđe i mediji", Palić, 8-9. jun 2017. Institut za kriminološka i sociološka istraživanja, Beograd, pp. 145-154. ISBN 978-86-83287-97-0

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Abstract

Accession negotiations with the EU (Chapter 23) are an ideal opportunity for overview and systematical approach to resolving of numerous issues that have been treated ad hoc, partially and/or inconsistently for decades in the Serbian judiciary. Relations between judiciary and media belong to this category and have to be considered from three perspectives: The first of all, the improvement of the transparency within judiciary, seen as a right of media to inform citizens on all important facts of judiciary, shouldn’t grow in inappropriate commenting of judicial decisions and pressure that harms independence of that branch of power but also of the judicial office holders; In parallel, relations between judiciary and media are of the significant importance when it comes to criminal proceedings. Namely, there is a need to find an ideal balance between the right on information about committed crimes and criminal proceedings on one side, and obligation to respect presumption of innocence of accused person. Also, media coverage shouldn’t jeopardize safety of victims and witnesses or cause secondary victimization. In addition to this, media coverage has a strong influence on efficiency of criminal proceedings, especially through the leakage of information during the criminal investigation. The last, but not less important factor that determinates quality of the judiciary-media relations lies in efficiency of their mutual, but also cooperation with police, in protecting journalists and efficient prosecution of crimes against journalists. All above-mentioned issues are subject of the European Commission’s recommendations that Serbia should implement in accordance with the Action Plan for Chapter 23.

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