PROGRESS OF THE REPUBLIC OF SERBIA IN JUDICIAL REFORM ACTIVITIES OF THE MINISTRY OF JUSTICE March 2009

LEGISLATIVE ACTIVITIES 22 LAWS ADOPTED BY THE GOVERNMENT OF THE REPUBLIC OF SERBIA WITHIN 6 MONTHS LEGISLATIVE ACTIVITIES 22 LAWS ADOPTED BY THE GOVERNMENT OF THE REPUBLIC OF SERBIA WITHIN 6 MONTHS

Laws adopted in the National Assembly of the Republic of Serbia A Package of Anti-Corruption Laws and Data Protection Laws - Law on the Anti-Corruption Agency - Law Amending the Law on Financing of Political Parties - Law on Seizure and Confiscation of the Proceeds From Crime - Law on the Liability of Legal Entities for Criminal Offences - Law on Personal Data Protection - Law on Confirmation of the Additional Protocol to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, Regarding Supervisory Authorities and Trans-Border Data Flows A Package of Judicial Laws - Law on the High Court Council - Law on the State Prosecutorial Council - Law on Judges - Law on Public Prosecutors - Law on the Organisation of Courts - Law on Seats and Territories of Courts and Public Prosecutor’s Offices - Amendments to the Law on Misdemeanour Others - Amendments to the Criminal Procedure Code Laws adopted in the National Assembly of the Republic of Serbia A Package of Anti-Corruption Laws and Data Protection Laws - Law on the Anti-Corruption Agency - Law Amending the Law on Financing of Political Parties - Law on Seizure and Confiscation of the Proceeds From Crime - Law on the Liability of Legal Entities for Criminal Offences - Law on Personal Data Protection - Law on Confirmation of the Additional Protocol to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, Regarding Supervisory Authorities and Trans-Border Data Flows A Package of Judicial Laws - Law on the High Court Council - Law on the State Prosecutorial Council - Law on Judges - Law on Public Prosecutors - Law on the Organisation of Courts - Law on Seats and Territories of Courts and Public Prosecutor’s Offices - Amendments to the Law on Misdemeanour Others - Amendments to the Criminal Procedure Code

Draft Laws adopted by the Government of the Republic of Serbia - Draft Law on Cooperation with International Criminal Court - Draft Law on Ratification of the Council of Europe Convention on Cyber Crime - Draft Law on Ratification of the Additional Protocol to the Convention on Cyber Crime concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems Draft Laws adopted by the Government of the Republic of Serbia - Draft Law on Cooperation with International Criminal Court - Draft Law on Ratification of the Council of Europe Convention on Cyber Crime - Draft Law on Ratification of the Additional Protocol to the Convention on Cyber Crime concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems - Draft Law on Ratification of the Council of Europe Convention on Action against Trafficking in Human Beings - Draft Law on Ratification of the Council of Europe Convention on Action against Trafficking in Human Beings - Draft Law on Ratification of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism - Draft Law on Ratification of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism - Draft Law on the Council of Europe Convention on the Prevention of Terrorism - Draft Law on the Council of Europe Convention on the Prevention of Terrorism -Draft Law on the Protocol amending the European Convention on the Suppression of Terrorism -Draft Law on the Protocol amending the European Convention on the Suppression of Terrorism -Draft Law on Mutual Legal Assistance in Criminal Matters -Draft Law on Mutual Legal Assistance in Criminal Matters Ministry of Justice has drafted following Laws: - Draft Amendments to the Criminal Procedure Code (special investigative techniques will be extended on the criminal offences of organized crime) - Draft Amendments to the Law on Organisation and Jurisdiction of Government Authorities in Suppression of Organised Crime - Draft Amendments to the Law on Organisation and Jurisdiction of Government Authorities in Suppression of Organised Crime

The Laws in preparation: - Criminal Code - New Criminal Procedure Code which will introduce prosecutor’s investigation - Law on Enforcement of Penal Sanctions - Law on Classification of Confidential Data - Amendments to the Civil Procedure Code - Law on Judicial Academy - Law on Advocacy - Law on Notary The Laws in preparation: - Criminal Code - New Criminal Procedure Code which will introduce prosecutor’s investigation - Law on Enforcement of Penal Sanctions - Law on Classification of Confidential Data - Amendments to the Civil Procedure Code - Law on Judicial Academy - Law on Advocacy - Law on Notary

IMPROVEMENTS OF THE SYSTEM system for automatic case management established and operational in ALL first-instance commercial courts in Serbia 19 district courts computerised with up-to-date equipment improved security and technical working conditions in judiciary conditions created for the functioning of alternative sanctions IMPROVEMENTS OF THE SYSTEM system for automatic case management established and operational in ALL first-instance commercial courts in Serbia 19 district courts computerised with up-to-date equipment improved security and technical working conditions in judiciary conditions created for the functioning of alternative sanctions

SYSTEMATIC REFORM OF JUDICIARY NEW ORGANISATION AND JURISDICTION OF JUDICIARY ANTI-CORRUPTION AND FIGHT AGAINST ORGANISED CRIME EUROPEAN INTEGRATION AND VISA LIBERALISATION PROCESS IT MODERNISATION OF COURTS IMPROVEMENT OF THE SYSTEM FOR ENFORCEMENT OF PENAL SANCTIONS

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE SYSTEMATIC REFORM OF JUDICIARY Goal ● independent, efficient, accountable and transparent judiciary Review Findings criminal cases under statute of limitations for the period of 2002 to June soft penal policy, on the edge of lawful minimum, in particular for the following criminal offences: murder, aggravated murder, rape, drugs, family violence, abuse of office - In 2007 a Judge of the Municipal Court in Odzaci was murdered whereas President of the Municipal Court in Knjazevac was also murdered in treats on bombs set in courts - a disproportionate relation of judges in municipal and district courts and case allocations persons employed in the last three years, efficiency being significantly lower (through implementation of an action plan the number of staff reduced by 1183) SYSTEMATIC REFORM OF JUDICIARY Goal ● independent, efficient, accountable and transparent judiciary Review Findings criminal cases under statute of limitations for the period of 2002 to June soft penal policy, on the edge of lawful minimum, in particular for the following criminal offences: murder, aggravated murder, rape, drugs, family violence, abuse of office - In 2007 a Judge of the Municipal Court in Odzaci was murdered whereas President of the Municipal Court in Knjazevac was also murdered in treats on bombs set in courts - a disproportionate relation of judges in municipal and district courts and case allocations persons employed in the last three years, efficiency being significantly lower (through implementation of an action plan the number of staff reduced by 1183)

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Accomplished ► a judiciary package laws drafted - Law on High Court Council - Law on State Prosecutorial Council - Law on Judges - Law on Public Prosecutors - Law on Organisation of Courts - Law on Seats and Territories of Courts and Public Prosecutor’s Offices - Amendments to the Law on Misdemeanour and adopted by the National Assembly of the Republic of Serbia Accomplished ► a judiciary package laws drafted - Law on High Court Council - Law on State Prosecutorial Council - Law on Judges - Law on Public Prosecutors - Law on Organisation of Courts - Law on Seats and Territories of Courts and Public Prosecutor’s Offices - Amendments to the Law on Misdemeanour and adopted by the National Assembly of the Republic of Serbia

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Reorganization of Judiciary Network Objectives ● more impartial and objective trials ● improved efficiency of case proceedings ● improved access to justice ● specialisation of courts Accomplished ► Law on Seats and Territories of Courts and Public Prosecutor’s Offices has regulated the reorganization of the judiciary network Reorganization of the judiciary network has been reviewed and developed based on new cases received in the period of three years, with respect to changed jurisdictions of courts, geographic distance between seats of courts, national minorities, and border areas, communication lines and the number of inhabitants were taken into account. Reorganization of Judiciary Network Objectives ● more impartial and objective trials ● improved efficiency of case proceedings ● improved access to justice ● specialisation of courts Accomplished ► Law on Seats and Territories of Courts and Public Prosecutor’s Offices has regulated the reorganization of the judiciary network Reorganization of the judiciary network has been reviewed and developed based on new cases received in the period of three years, with respect to changed jurisdictions of courts, geographic distance between seats of courts, national minorities, and border areas, communication lines and the number of inhabitants were taken into account.

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Set-Up of Judicial Academy Objectives ● enhancement of independence and efficiency of judiciary ● election of judges subject to objective, transparent and measurable criteria Accomplished ► Draft version of the Law on Judicial Academy developed In addition to ongoing training successfully conducted in the Republic of Serbia also today, the Law on Judicial Academy shall establish initial training as a key criterion for the initial election of judges and public prosecutors, and eliminate the political influence characteristic of former times. Set-Up of Judicial Academy Objectives ● enhancement of independence and efficiency of judiciary ● election of judges subject to objective, transparent and measurable criteria Accomplished ► Draft version of the Law on Judicial Academy developed In addition to ongoing training successfully conducted in the Republic of Serbia also today, the Law on Judicial Academy shall establish initial training as a key criterion for the initial election of judges and public prosecutors, and eliminate the political influence characteristic of former times.

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Modernisation of Infrastructure of Judicial Facilities Objectives ● provide adequate working conditions ● improve access to justice Accomplished ► construction works on the building in 9 Nemanjina St. completed, procurement of required equipment in progress ► construction works regarding reconstruction of a special courtroom at the Belgrade District Prison completed Modernisation of Infrastructure of Judicial Facilities Objectives ● provide adequate working conditions ● improve access to justice Accomplished ► construction works on the building in 9 Nemanjina St. completed, procurement of required equipment in progress ► construction works regarding reconstruction of a special courtroom at the Belgrade District Prison completed

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Accomplished ► Memorandum of Understanding signed between the Ministry of Justice and the City of Novi Sad to provide infrastructural conditions for judicial institutions and the City Administration of Novi Sad ► public calls are in progress for the selection of implementing partners for the reconstruction of facilities that will accommodate the Appellate Court in Kragujevac and the Appellate Court in Nis ► facilities are being provided and working conditions created for operations of public prosecutor’s offices in Belgrade and the Prosecutor’s State Council ► in 20 municipal courts Information Desks have been established, including the exit/entrance ramps to allow access for disabled people, registry offices refurbished, with funds donated by the Kingdom of Norway Accomplished ► Memorandum of Understanding signed between the Ministry of Justice and the City of Novi Sad to provide infrastructural conditions for judicial institutions and the City Administration of Novi Sad ► public calls are in progress for the selection of implementing partners for the reconstruction of facilities that will accommodate the Appellate Court in Kragujevac and the Appellate Court in Nis ► facilities are being provided and working conditions created for operations of public prosecutor’s offices in Belgrade and the Prosecutor’s State Council ► in 20 municipal courts Information Desks have been established, including the exit/entrance ramps to allow access for disabled people, registry offices refurbished, with funds donated by the Kingdom of Norway

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Improvement of Security Systems in Judicial Facilities Objectives ● safety of staff and citizens ● smooth functioning of judiciary Accomplished ► significantly increased capacities of judicial guards - conditions created for involvement of 750 judicial guards - judicial guards trained - judicial guard uniforms procured ► improved security and technical working conditions - courts equipped with metal-detector doors, X-ray devices and hand metal-detectors - video surveillance system is being introduced in 10 district courts Improvement of Security Systems in Judicial Facilities Objectives ● safety of staff and citizens ● smooth functioning of judiciary Accomplished ► significantly increased capacities of judicial guards - conditions created for involvement of 750 judicial guards - judicial guards trained - judicial guard uniforms procured ► improved security and technical working conditions - courts equipped with metal-detector doors, X-ray devices and hand metal-detectors - video surveillance system is being introduced in 10 district courts

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Anti-Corruption and Fight against Organised Crime Objectives ● establish a legal framework and capacities to combat corruption, organised crime and human trafficking ● implement international obligations and recommendations (GRECO, UN, EU) ●implement National Strategy for Fight against Corruption and Action Plan GRECO - in June Anti-Corruption and Fight against Organised Crime Objectives ● establish a legal framework and capacities to combat corruption, organised crime and human trafficking ● implement international obligations and recommendations (GRECO, UN, EU) ●implement National Strategy for Fight against Corruption and Action Plan GRECO - The Compliance Report on the Republic of Serbia by the Group of States Against Corruption (GRECO) for the Joint First and Second Evaluation Rounds was adopted in June 2008 in which was concluded that out of 25 recommendations, the Republic of Serbia has implemented twelve recommendations and thirteen recommendations have been partly implemented

- - Following the adoption of the Law on the Anti-Corruption Agency, that is, after the creation of an independent anti- corruption body, three recommendations of the Council of Europe’s Group of States against Corruption (GRECO) will be implemented as follows: pantouflage (recommendation xviii), reduction of the value of gifts (recommendation xix) broader definition of public officials (recommendation xvii) -Recommendation xxiii has been implemented after the adoption of the Law on the Liability of Legal Entities for Criminal Offences -After adoption the package of Judicial Laws, -After adoption the package of Judicial Laws, GRECO’s recommendations ii and iv have been implemented

Accomplished Accomplished ► National Assembly of the Republic of Serbia has passed: - Law on the Anti-Corruption Agency - Amendments to the Law on Financing of Political Parties - Law on Seizure and Confiscation of the Proceeds from Crime - Law on the Liability of Legal Entities for Criminal Offences ► National Assembly of the Republic of Serbia has passed: - Law on the Anti-Corruption Agency - Amendments to the Law on Financing of Political Parties - Law on Seizure and Confiscation of the Proceeds from Crime - Law on the Liability of Legal Entities for Criminal Offences

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE governs establishment, legal status, competence, organisation and manner of operations of the Anti-Corruption Agency, rules in respect of prevention of conflict of interest in discharge of public office and reports on assets of persons in public office, procedure and the decision making process in the event of violation of this Law, introduction of integrity plans, and other issues relevant to the Agency operations. is an autonomous and independent government agency - the Agency is accountable to the National Assembly for conducting operations under its competence - the Agency bodies are the Board (9 members) and Director - According to the Law on Anticorruption Agency, the authorized institutions have nominated members of the Board - Anti-corruption Agency will be fully operational on 1 January 2010 Law on the Anti-Corruption Agency governs establishment, legal status, competence, organisation and manner of operations of the Anti-Corruption Agency, rules in respect of prevention of conflict of interest in discharge of public office and reports on assets of persons in public office, procedure and the decision making process in the event of violation of this Law, introduction of integrity plans, and other issues relevant to the Agency operations. Anti-Corruption Agency - is an autonomous and independent government agency - the Agency is accountable to the National Assembly for conducting operations under its competence - the Agency bodies are the Board (9 members) and Director - According to the Law on Anticorruption Agency, the authorized institutions have nominated members of the Board - Anti-corruption Agency will be fully operational on 1 January 2010

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE European Integration Process Objective ● Harmonise the Republic of Serbia legislation with EU legal achievements and set up European standards in judiciary Accomplished ► within the National Integration Programme of the Republic of Serbia a part of a strategic document related to the rule of law has been developed in 2008 European Integration Process Objective ● Harmonise the Republic of Serbia legislation with EU legal achievements and set up European standards in judiciary Accomplished ► within the National Integration Programme of the Republic of Serbia a part of a strategic document related to the rule of law has been developed in 2008

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE VISA LIBERALISATION PROCESS - a part of the Readiness Report of the Republic of Serbia for the liberalisation of the visa regime has been prepared in the area of judiciary, as well as Annex to the Report and responses to comments (BLOCK III - PUBLIC ORDER AND SECURITY) Meet requirements for establishing the visa free regime for citizens of Serbia: - fight against organized crime and corruption - implementation of UN and Council of Europe Conventions related to fight against organized crime, corruption and terrorism - implementation of GRECO recommendations - implementation of package of Anti-corruption Laws - establishment of Anti-corruption Agency (fully operational on 1 January 2010) VISA LIBERALISATION PROCESS - a part of the Readiness Report of the Republic of Serbia for the liberalisation of the visa regime has been prepared in the area of judiciary, as well as Annex to the Report and responses to comments (BLOCK III - PUBLIC ORDER AND SECURITY) Meet requirements for establishing the visa free regime for citizens of Serbia: - fight against organized crime and corruption - implementation of UN and Council of Europe Conventions related to fight against organized crime, corruption and terrorism - implementation of GRECO recommendations - implementation of package of Anti-corruption Laws - establishment of Anti-corruption Agency (fully operational on 1 January 2010)

-Directorate for Management of Seized Assets (established on 1 March 2009) -Commission for Judiciary and Home Affairs of the Government of Republic of Serbia with aim to coordinate the activities of the state authorities in fight against organized crime (established in December 2008) -Implementation of relevant Personal Data Protection Laws (Commissioner for information's of public importance and personal data protection – supervisory authority) -Drafting the Law on Classification of Confidential information's -Improvement of Mutual Legal Assistance -Preparing and signing Agreement with EUROJUST

ACTIVITIES UNDERTAKING BY MoJ TO IMPROVE MUTUAL LEGAL ASSISTANCE -Implementation of relevant UN and Council of Europe Conventions in the area of judiciary and Bilateral Agreements as well -Preparing and signing Agreements on Mutual Legal Assistance with the countries in the region that will provide direct communications among judicial authorities and increase efficiency -Draft Law on Mutual Legal Assistance in Criminal Matters was adopted by Government of Republic of Serbia on 18 February Technical equipment was procured for the Department for Mutual Legal Assistance from the donation of the Kingdom of Spain in In cooperation with the Kingdom of Netherlands, software was provided to enable efficient mutual legal assistance in International Conferences, seminars and trainings of Judicial authorities in mutual legal assistance area

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE IT Modernisation of Judiciary Objectives ● improve efficiency and transparency ● attract foreign investments Accomplished ► Draft Strategy developed for introducing the e-justice system ► 19 district courts computerised with up-to-date equipment ► Automatic case management system established and operational in all first-instance commercial courts in Serbia ► New website of the Ministry of Justice and the Directorate for Enforcement of Prison Sanctions developed IT Modernisation of Judiciary Objectives ● improve efficiency and transparency ● attract foreign investments Accomplished ► Draft Strategy developed for introducing the e-justice system ► 19 district courts computerised with up-to-date equipment ► Automatic case management system established and operational in all first-instance commercial courts in Serbia ► New website of the Ministry of Justice and the Directorate for Enforcement of Prison Sanctions developed

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Improvement of the System Improvement of the System for Enforcement of Prison Sanctions Objectives ● keep every person deprived of freedom in a safe and secure manner and in humane conditions ● implement new programmes on treatment of special categories of persons deprived of freedom and introduce alternative sanctions for Enforcement of Prison Sanctions Objectives ● keep every person deprived of freedom in a safe and secure manner and in humane conditions ● implement new programmes on treatment of special categories of persons deprived of freedom and introduce alternative sanctions ● take care of convicts after release and reduce the number of returnees Accomplished ► construction of new and reconstruction of existing accommodation capacities – final construction work on the facility in Novi Pazar Accomplished ► construction of new and reconstruction of existing accommodation capacities – final construction work on the facility in Novi Pazar - reconstruction of the internal part of the psychiatric ward at the Special Prison Hospital in Belgrade completed - construction work completed, and installations work started at KPZ Padinska skela

МИНИСТАРСТВО ПРАВДЕ РЕПУБЛИКE СРБИЈE Accomplished ► conditions set up for functioning of alternative sanctions - reconstruction and furnishing completed of premises for operations of the service of alternative sanction officers - officers, judges and prosecutors from the territory of the Belgrade District Court trained ► juvenile treatment reform - new individualised juvenile treatments introduced - all services within juvenile institutions trained Accomplished ► conditions set up for functioning of alternative sanctions - reconstruction and furnishing completed of premises for operations of the service of alternative sanction officers - officers, judges and prosecutors from the territory of the Belgrade District Court trained ► juvenile treatment reform - new individualised juvenile treatments introduced - all services within juvenile institutions trained

MINISTRY OF JUSTICE REPUBLIC OF SERBIA Nemanjina St., Belgrade